Kuba v. Leb

Considered in light of the requirement that:

“[i]n determining whether a specific instruction is erroneous, it should be considered with all the other instructions given, and the pleadings and evidence in the case. The proper test is whether the charge as a whole adequately presents the law upon the issues. In passing on a single instruction, it is to be judged in the light of all the other instructions given, bearing upon the same subject and if when so judged, the law appears to have been fairly presented to the jury, an assignment of error based on the challenged instruction cannot…