UNITED STATES v. JOHNSON

No. 82-1136.

718 F.2d 1317 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. William J. JOHNSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 25, 1983.


Attorney(s) appearing for the Case

Leo J. Hoffman, Court Appointed, Dallas, Tex., for defendant-appellant.

James A. Rolfe, U.S. Atty., John Mitchell Nevins, Asst. U.S. Atty., Dallas, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, BROWN, GEE, RUBIN, REAVLEY, POLITZ, RANDALL, TATE, JOHNSON, WILLIAMS, GARWOOD, JOLLY and HIGGINBOTHAM, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

We granted rehearing en banc to decide whether a district court may, in a criminal prosecution for interstate transportation of a falsely made security, instruct the jury that a particular document is a security as a matter of law. We hold that, although it is the court's duty to instruct the jury on the legal principles applicable to the determination of that question, it is the jury's exclusive province to apply the law to the facts...

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