What is the test for a jury to interpret a jury's instructions in a second degree murder case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Lesina, 833 F.2d 156 (9th Cir. 1987):
"When reviewing a claim of error relating to jury instructions, the instructions must be viewed as a whole." United States v. Marabelles, 724 F.2d 1374, 1382 (9th Cir.1984). Presented together, these instructions constitute reversible error because no rational trier of fact could be expected to differentiate second degree murder from involuntary manslaughter.
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