Theft by Swindle - Jury Instructions

admin//December 17, 2012//

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Appellant challenged her conviction of theft by swindle of property valued at more than $1,000. Appellant argued that the District Court’s jury instructions (1) denied her a jury determination on all of the elements of her offense beyond a reasonable doubt; (2) violated her right to a unanimous verdict; and (3) constructively amended the complaint, which prejudiced her substantial rights. The District Court provided an aggregation instruction based on CRIMJIG 16.83. The Court of Appeals held that (1) the jury instruction did not affect appellant’s substantial rights, (2) the claimed error did not affect the outcome of the case, and (3) the jury instructions did not constructively amend the complaint. Affirmed.