Judge Matz was very, very careful to not use the words of the law [No and [transmit]] to the jury.
18 U.S.C. § 875(c) requires proof of transmission in interstate commerce. United States
v. Oxendine, 531 F.2d 957 (1976)
And he knew, at this point of the trial, that the government had produced no proof of an element of the crime to establish jurisdiction of a transmission across a state line (interstate), rendering the case a state Tenth Amendment issue.
His only choice was to dismiss the case before it even went to a jury. The law required it.
$PECIAL REWARD$ FOR THESE COP$
OUTSIDE IT'S AMERICA
A QUESTION FOR AMERICA:
Is "pretty good" pretty much like "pretty clear?" Because I'm "pretty sure" it is not.
I know, it's complex. (.pdf)
But then again, I'm officially nutzzzzzz, until certified un-nutzzzzzz in a competent court of the law. So I am waiting on the law, and the certificate required by the law.
But I'm no expert.(.pdf) Anyone see ours, yet? He has our certificate required by the law and I need it to be officially un-nutzzzzzz. And that's a fact!
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MODEL JURY INSTRUCTIONS (CRIMINAL CASES)
Threats.
Interstate Transmission Of Threat Injure
18 USC § 875(c)
"[Defendant] is accused of transmitting a threat in interstate or foreign commerce."
SOURCE: JUDGE D. BROCK HORNBY’S
2008 REVISIONS
TO
PATTERN
CRIMINAL JURY INSTRUCTIONS
FOR THE DISTRICT COURTS
Interstate Transmission Of Threat Injure
18 USC § 875(c)
Title 18, United States Code, Section 875(c), makes it a Federal
crime or offense for anyone to knowingly and willfully transmit in
interstate commerce or foreign commerce a threat to... injure
someone.
The Defendant can be found guilty of that offense only if all of the
following facts are proved beyond a reasonable doubt:
First: That the Defendant sent or
transmitted in [interstate] [foreign]
commerce a communication
containing a true threat [to injure the person of
another], as charged;
SOURCE: ELEVENTH CIRCUIT PATTERN JURY INSTRUCTIONS (CRIMINAL CASES) 2003
Interstate Transmission Of Threat.
Ninth Circuit Model Criminal Jury Instructions
The defendant is charged in [Count _______ of] the indictment with transmitting a threat ... In order for the defendant to be found guilty of that charge, the government must prove each of the following beyond a reasonable doubt:
First, the defendant transmitted in interstate or foreign commerce a communication containing any threat...
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