State v. Moore

¶1 The “to convict” instruction informed the jury that, if it found each element proved beyond a reasonable doubt, it had the duty to convict. This instruction does not violate a defendant’s constitutional right to a jury trial. It neither misstates the law nor invades the province of the jury. We affirm.

DISCUSSION

¶2 At Ryan Moore’s trial,1 the to convict instruction informed the jury that

[i]f you find from the evidence that each of these elements has been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty.

On the other hand, if, after weighing all of the…