United States v. William J. Johnson

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 and determine whether the document is a security. Accordingly, we reverse the defendant’s conviction for violating 18 U.S.C. §…