- This instruction should be given, and might be required, whenever unrelated butsimilar offenses are tried at the same time. See United States v. Myers , 51 M.J. 570 (N- M. Ct. Crim. App. 1999) (failure to give requested spill-over instruction was of constitutional dimension). I. Cross-racial identification (as it relates to Benchbook para. 7-7-2, eyewitness identification).
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