Jerry Wayne Wilson v. United States

Appellant was convicted at jury trial of forging a United States Treasury check, a violation of 18 U.S.C. § 495 . On appeal he raises two issues: (1) that the trial court erred in failing to repeat an instruction on intent upon the request of a juror, and (2) that the court erred in declining to inquire of the jurors whether they had discussed the case with others during trial.

(1) Failure to Repeat Instruction

After deliberating for thirty minutes, the jury sent a written request that the court re-read its instruction pertaining to the indictment. The court re-read this instruction and then, upon the oral request of one juror, re-read the relevant statute. When another juror asked the court to repeat its instruction “about intent, ignorance”, the court responded :

The jury, after deliberating for two and one-half hours, returned a verdict of guilty.

Appellant now contends that the court committed plain error by refusing to re-read its instruction on intent, which was a crucial issue in the case. Defense counsel did not object to the trial court’s action, and we do not think the court committed plain error under Rule 52(b), Fed.R.Crim.P. The necessity, extent and character of…