The following excerpt is from U.S. v. Jackson, 726 F.2d 1466 (9th Cir. 1984):
the court should give the form of instruction which the defendant seasonably elects. It is his liberty that is at stake, and the worst that can happen to the Government under the less rigorous instruction is his readier conviction for a lesser rather than a greater crime. As was said in Bell v. United States, 349 U.S. 81, 83, 75 S.Ct. 620, 622, 99 L.Ed. 905 (1955), albeit in a different context:
It may fairly be said to be a presupposition of our law to resolve doubts in
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