Is there any merit in appellant's contention that the trial court committed plain error in failing to give an instruction that appellant was not guilty if he lacked knowledge that marijuana was contained in the vehicle?
MultiRegion, United States of America
The following excerpt is from Lange v. United States, 453 F.2d 1332 (9th Cir. 1972):
There is no merit in appellant's contention that the trial court committed plain error in failing to give an instruction that appellant was not guilty if he lacked knowledge that marijuana was contained in the vehicle. True, the court did not instruct in terms concerning a "mistake of fact," but it did advise the jury that intent was a material ingredient of the offense and that the
[453 F.2d 1333]
burden of proving the same rested upon the prosecution. Even if defendant had suggested an instruction employing the phrase "mistake of fact," the trial court might have refused it because covered by the instructions given. United States v. Clancy, 276 F.2d 617 (7th Cir. 1960).[453 F.2d 1333]
Affirmed.
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