Can a judge refuse to charge as requested?

MultiRegion, United States of America

The following excerpt is from United States v. Fayette, 388 F.2d 728 (2nd Cir. 1968):

We find no error in the refusal to charge as requested. The instruction as given was a sufficient compliance with appellant's request. As we have repeatedly held, "if the trial judge has included in his charge-in-chief accurate instructions covering this or that phase of the case, it is not error to refuse to repeat substantially the same or a different statement of the same principles of law in the language submitted by counsel." United States v. Kelly, 349 F.2d 720, 760 (2d Cir. 1965), cert. denied 384 U.S. 947, 86 S.Ct. 1467, 16 L.Ed.2d 544 (1966), citing cases.

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