As posted on the (new) legal writer and titled A word on jury instruction, the author points out an interesting fact about jury instructions.
The mere fact that certain language has been used by a judge in rendering an opinion is not of itself sufficient to justify the use of the same language by a trial court in its instruction to the jury. News Leader Co. v. Kocen, 173 Va. 95, 3 S.E.2d 385 (1939).
Check out the full post right here.