Free Proposed Jury Instructions - District Court of Colorado - Colorado

Case 1:04-cr-00103-REB-MEH

Document 1096-20

Filed 03/30/2007

Page 1 of 1

INSTRUCTION NO. G-19

Some counts of the indictment may accuse a defendant whose case you are considering of violating the same statute in more than one way. In other words, the indictment may allege that the statute in question was violated by various acts which are in the indictment joined by the conjunctive "and," while the statute is stated in the disjunctive, using the word "or." In these instances, it is sufficient for a finding of guilt if the evidence established beyond a reasonable doubt the violation of the statute by any one of the acts charged. In order for you to return a guilty verdict, however, all twelve of you must all agree that the same act has been proven.

United States v. Daily, 921 1001 (10th Cir. 1990); United States v. Dinneen, 463 F.2d 1036, 1039 (10th Cir. 1972), and cases cited therein; United States v. Troutman, 100 F.2d 628, 631 (10th Cir. 1938).