Does a different instruction, using the words presumption and inference, need to be approved or rejected by this court?
MultiRegion, United States of America
The following excerpt is from Jiron v. United States, 408 F.2d 495 (9th Cir. 1969):
The fact that a different instruction, using both the words presumption and inference (rejecting the first and approving the second) was held by this court not to be error in Morandy v. United States, 170 F.2d 5 (9th Cir. 1948), does not mean that such instruction must be used or given in every or any other case charging the same crime. That case is the only case cited by appellant, and is readily distinguishable.
We affirm.
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