Legal Definitions - mischarge

Definition: Mischarge refers to an incorrect instruction given to a jury during a trial, which can be used as a reason to overturn a verdict. It is also known as misdirection.

Example: During a trial, the judge instructs the jury to consider evidence that was not presented in court. This is a mischarge and can be used as a basis for appealing the verdict.

Explanation: Mischarge occurs when a judge gives incorrect instructions to the jury, which can lead to an unfair verdict. In the example given, the judge's instruction to consider evidence that was not presented in court is a mischarge because it goes against the rules of evidence and can influence the jury's decision. This can be used as a basis for appealing the verdict because it shows that the jury was not given proper guidance during the trial.