In Graham v. United States, the defendant had been convicted of killing a man named Walker. There was some contradictory evidence about whether the defendant was the shooter, but there was sufficient credible evidence to indicate that he actually was the killer. The trial court allowed the use of a jury instruction on flight from the scene of the crime because Graham left the scene of the crime quickly and indicated to the others that he could not return because the area was too "hot." The judge instructed the jury on the concept of flight following a crime and was told that it may be a circumstance that indicated consciousness of guilt, but that it did not necessarily indicate that the fleeing defendant had feelings of guilt because sometimes people leave a crime scene for different reasons. In this case was the jury instruction covering the concept of flight following a crime as an indication of consciousness of guilt properly delivered by the trial judge so that the conviction should not be disturbed on ground of an erroneous use of the presumption concerning flight?
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