Cautionary Instruction

That part of a judge's charge to a jury telling them not to allow any extraneous or outside matter to influence their verdict. Instruction by judge cautioning jury against regarding instructions as the opinion of the court on the facts. Instruction that the jury should not consider certain rulings of the court as an intimation of opinion. Instruction that after the trial the jury should advise no one as to what happened in the jury room. Instruction cautioning jury to consider evidence in a certain way.

"The giving of cautionary instructions is within the discretion of the court and is not improper if it does not prejudice either party, but there is authority holding that such instructions should not be given if unnecessary." 88 C.J.S. 809.



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