Stipulation of fact necessary for conviction need not be presented during evidentiary portion of trial, but may be presented via jury instruction

EVIDENCE United States v. Smith, No. 05-3474, ___ F.3d ___ (10th Cir. Dec. 20, 2006)(Kansas). Appeal of conviction for possession of firearm during and in relation to drug trafficking crime. HELD: Stipulation of fact (i.e., that weapon recovered from defendant’s home satisfied statutory definition of firearm) is not itself evidence but is instead admission of fact or waiver of right to demand evidence. Therefore, as non-evidence, stipulation need not be presented to jury during evidentiary portion of trial but instead may be presented via jury instruction, so long as instruction is clear and accurately reports facts admitted by the defendant. Read the opinion here.