The request for the emotional-disturbance option was part of prosecutors' instruction request.
The instruction requested was taken from B.A.J.I., 1950 Supp., 223-223-D.
"I have interpreted their position as being simply an administrative instruction requesting voluntary, informal accommodation for students they say have a disability," says Rotenberg.
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The message, which began circulating widely on the Internet last week, had one more instruction: request that the personalized thank-you card from Planned Parenthood be sent to Ms. Palin, the Republican vice-presidential nominee and a vocal opponent of abortion, at the McCain-Palin campaign headquarters in Virginia.
While we suppose one could develop a nice technical argument that impossibility does not nullify a breach but rather provides an excuse for it, to give the instruction requested would surely have misled the jury on the ultimate question of liability.
(a) Before due presentment for registration of transfer of a certificated security in registered form or of an instruction requesting registration of transfer of an uncertificated security, the issuer or indenture trustee may treat the registered owner as the person exclusively entitled to vote, receive notifications, and otherwise exercise all the rights and powers of an owner.
The judge was not obliged to adopt the exact language of the instructions requested; Holt v. United States, 218 U. S. 245 ,253, 31 Sup.
In the absence of anything in these records to show that the instructions requested were based upon evidence, and could have been properly given if Clark were right in his claim of immunity, we cannot tell whether or not the refusal to give them amounted to a ruling in denial of such claim.
It was question for the jury to say whether the facts proven in this connection satisfied them beyond a reasonable doubt, and notwithstanding the presumption of innocence, that these papers were taken from the mails; and the abstract instructions requested would only have tended to confuse them, since, if literally followed, it would have compelled a verdict of acquittal.
