United States v. Paul D. Ylda

On petition for rehearing, Ylda reasserts his contention that the trial judge’s jury instruction impermissibly broadened the elements of the offense charged in the indictment, thus constituting reversible error. Having again fully reviewed the evidence, we find no possibility that it permitted the jury to convict Ylda based on the extraneous elements of the offense interjected by the trial court’s charge. Therefore, the jury instruction, though improper, was harmless beyond a reasonable doubt and did not constitute reversible error.

In Stirone v. United States, 361 U.S. 212, 80 S.Ct. 270, 4…