State v. Second Judicial District Court of the State of Nevada

OPINION

This petition for a writ of mandamus or prohibition seeks an order from this court precluding the district court from giving a proposed jury instruction in a criminal trial pending below. The district court has stayed the proceeding below pending our resolution of this petition, and has allowed the jurors, who are still under oath, to go home.

The criminal trial is a prosecution for trafficking in a controlled substance, cocaine. The district court has indicated its intention to give the following instruction to the jury:

If you find beyond a reasonable doubt that either Defendant, *1032or…