What is the test for whether a jury instruction misstated elements of a statutory crime?
MultiRegion, United States of America
The following excerpt is from U.S. v. Chavez, 895 F.2d 1418 (9th Cir. 1989):
Jury instructions must be reviewed as a whole to determine whether they were "misleading or inadequate to guide the jury's determination." United States v. Washington, 819 F.2d 221, 226 (9th Cir.1987). The question of whether an instruction misstated elements of a statutory crime is one of law and is reviewed de novo. United States v. Spillone, 879 F.2d 514, 525 (9th Cir.1989).
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