How have the courts interpreted jury instructions in a fraud case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Nymark, 24 F.3d 251 (9th Cir. 1994):
We review de novo the legal question whether the jury instructions correctly explained the law and the elements of fraud. United States v. Mundi, 892 F.2d 817, 818 (9th Cir.1989), cert. denied, 498 U.S. 1119 (1991). "[I]n analyzing a claim of error in jury instructions, we may look beyond the instructions themselves and examine the indictment and the entire trial in context." Id. at 819 (citing United States v. Marabelles, 724 F.2d 1374, 1382 (9th Cir.1984)).
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