The People of the Territory of Guam v. Jae Hung Yang
Court of Appeals for the Ninth Circuit
1Opinion of the Court
FERGUSON, Circuit Judge:
Jae Hung Yang was indicted on July 12, 1982 for kidnapping and first degree criminal sexual conduct, in the territory of Guam. At the conclusion of his trial in the Superior Court of Guam, the trial court instructed the jury on reasonable doubt, giving an instruction that differed from the one set out in the Guam Criminal Procedure Code § 90.23(a). 1 Following his conviction on both counts, Yang appealed to the Appellate Division of the District Court of Guam, alleging, inter alia, that the reasonable doubt instruction given by the trial court was erroneous under Guam…
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