United States v. Franz Byrd

In my opinion, the failure of the trial judge to include an instruction on the necessity of finding criminal intent in the list of essential elements which the jury was directed to find before it could convict does not call for reversal because he had already given sufficient general instructions on the question of intent and because the conduct of the defense had effectively eliminated the issue of intent from the case.

During his charge Judge Cannella instructed the jury that the acts must have been done purposely and not by mistake, inadvertence, or in good faith; indeed he said that an…