What is the test for a jury to determine whether a defendant can be held liable for using section 1058 of the Civil Code of Civil Procedure?

MultiRegion, United States of America

The following excerpt is from U.S. v. Regan, 937 F.2d 823 (2nd Cir. 1991):

Whether, as appellants contend, the district court erred in its evidentiary rulings concerning this evidence is a matter we need not decide. The issue of appellants' good faith reliance on section 1058 as appellants interpreted it was squarely raised and argued. The district court should have instructed the jury that, if it found the reliance was held in good faith, the defendants could not be held criminally liable for proceeding in accordance with that reliance. See United States v. Durham, 825 F.2d 716, 719 (2d Cir.1987); United States v. Pedroza, 750 F.2d 187, 204-05 (2d Cir.1984), cert. denied, 479 U.S. 842, 107 S.Ct. 151, 93 L.Ed.2d 92 (1986); United States v. Alfonso-Perez, 535 F.2d 1362, 1365 (2d Cir.1976).

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