[Howlin]

Well, I was able to Google up articles that backed up MY position.

If you're not interested in backing up your OPINION, that's up to you.

[Bluntpoint]

Reread my original post, often times jury comments are a basis to appeal the instructions to the jury.

It is first year law school stuff.

Ninth Circuit Model Criminal Jury Instructions
Introductory Comment

It is within the district court's discretion to provide the jury with preliminary instructions including preliminary instructions regarding elements of the offenses charged. United States v. Aguon, 851 F.2d 1158, 1161 (9th Cir. 1988), overruled on other grounds, Evans v. United States, 504 U.S. 255 (1992). However, erroneous pretrial instructions can be the basis for appeal. Caution should therefore be used in giving preliminary instructions when there is a dispute as to applicable law. Guam v. Ignacio, 852 F.2d 459, 461 (9th Cir. 1988). See also United States v. Hegwood, 977 F.2d 492, 495 (9th Cir. 1992) (absent defense objection, correct instruction at trial cured error in preliminary instruction), cert. denied, 508 U.S. 913 (1993).