What is the effect of a jury's failure to instruct the jury in a robbery case?
MultiRegion, United States of America
The following excerpt is from Correa v. MacDonald, 927 F.2d 608 (9th Cir. 1991):
1 Although the court dismissed the jury instruction claims without prejudice, the judgment nonetheless constituted an appealable final judgment. Lynch v. City of Alhambra, 880 F.2d 1122, 1124 (9th Cir.1989).
2 A third robbery count was overturned by the state court of appeals because the jury was not properly instructed to find the store, rather than an employee, the victim of the theft. State v. Correa, 5 Hawaii App. 644, 647-48, 706 P.2d 1321, 1324 (1985).
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