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Court: Jury instruction error not harmful

WASHINGTON, May 3 (UPI) -- The U.S. Supreme Court said in a California case Monday that not every mistake in jury instruction is a constitutional violation.

The Supreme Court reversed a federal appeals court, which had reversed the California courts.

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In San Diego, "Sally Marie McNeil killed her husband after an argument over his infidelity and spending habits," the Supreme Court said in an unsigned opinion. McNeil claimed her husband tried to choke her, and she killed him with a shotgun.

A judge issued the jury instructions on the elements of self-defense, but added a few explanatory words. McNeil was convicted of second-degree murder. She appealed based on what her lawyer called the jury instruction error.

The state courts upheld her conviction. A federal appeals court reversed the state courts. Monday, the Supreme Court reversed the federal appeal courts.

"Not every ambiguity, inconsistency or deficiency in a jury instruction rises to the level of a due process violation," the Supreme Court said.

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