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State v. Steinmetz

7/18/1996

ve. Steinmetz's requested instruction, however, was inadequate to instruct on this point of law because it referred to a code section number rather than explaining the law. The trial court has the initial responsibility to instruct the jury on the law. See Rule 30, N.D.R.Crim.P. But, as we explained in State v. Allery, 322 N.W.2d 228, 232 n. 3 (N.D. 1982), "the attorneys have the professional responsibility to request or object to specific instructions." It is not the responsibility of the trial court to rewrite instructions requested by either party at a criminal trial. See id.


The general instructions given by the trial court were adequate to explain our driving under the influence law. Furthermore, the instruction submitted by Steinmetz did not adequately explain the point of law to which it referred. We conclude, therefore, that the trial court did not err when it declined to give Steinmetz's requested instruction.


We affirm.




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