What is the test for the doctrine of good faith as a defense in a criminal case?

Faust contends that the trial court's failure to instruct the jury according to his theory of the case constitutes reversible error. Faust's theory of defense on the embezzlement charge rested, at least in part, on a contention that he acted in good faith. Good faith, in general, constitutes a complete defense to any crime which requires fraudulent intent. See, e.g., United States v. Ammons, 464 F.2d 414, 417 (8th Cir.) (quoting a jury instruction which stated that good faith was a complete defense), cert. denied, 409 U.S. 988, 93 S.Ct. 343, 34 L.Ed.2d 253 (1972). Thus, Faust requested a jury instruction entitled "No Intent to Defraud." This request was denied. ⁴

Page 583

Faust states, correctly, that it is "reversible error to refuse a charge on a defense theory for which there is an evidentiary foundation and which, if believed by the jury, would be legally sufficient to render the accused innocent." United States v. Lewis, 592 F.2d 1282, 1285 (5th Cir.1979). However, a defendant is not entitled to any particular form of an instruction so long as the instructions given fairly and adequately cover his theories of defense. United States v. Solomon, 825 F.2d 1292, 1295 (9th Cir.1987), cert. denied, --- U.S. ----, 108 S.Ct. 782, 98 L.Ed.2d 868 (1988). The trial court has broad discretion in tailoring the precise language of jury instructions and even " '[i]mperfectly formulated jury instructions will serve as a basis for overturning a conviction only upon a showing of abuse of discretion.' " Id., quoting United States v. Hayes, 794 F.2d 1348, 1351 (9th Cir.1986), cert. denied, --- U.S. ----, 107 S.Ct. 1289, 94 L.Ed.2d 146 (1987).