Under what circumstances will the court allow the jury to retire or modify the instruction under which counsel objected to the instruction?
MultiRegion, United States of America
The following excerpt is from U.S. v. Petersen, 513 F.2d 1133 (9th Cir. 1975):
He then invited counsel to state any other objections, and the government attorney outside the presence of the jury informed the court of the problem of United States v. Urbanis, 490 F.2d 384 (9th Cir.), cert. denied, 416 U.S. 944, 94 S.Ct. 1952, 40 L.Ed.2d 296 (1974), and of United States v. Cummings, 468 F.2d 274 (9th Cir. 1972). Although both counsel objected to the instruction, the court declined to withdraw or modify it.
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