What is the test for finding plain error in an instruction in a motor vehicle license application?
MultiRegion, United States of America
The following excerpt is from U.S. v. Silla, 555 F.2d 703 (9th Cir. 1977):
Appellants rely upon United States v. White, 390 F.2d 405 (6 Cir. 1968), in which a similar instruction was found plain error and resulted in reversal. But in White there had been no preceding correct instruction as there was here. Moreover, the instruction in this case, while confusing, stated the law correctly. That was not the case in White.
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