Aug 20, 2025 17 min read Majdi N

Inside the Majdi N. Trial #2: Detailed Report on the Case and Disagreement over a Timeline of the Syrian Conflict

TRIAL OF MAJDI N.

Court of Assize – Paris, France

Trial Monitoring Summary #2

Hearing Dates: April 30 & May 6, 2025

CAUTION: Some testimony may include graphic descriptions of torture, rape or other violent acts.

Note that this summary is not a verbatim transcript of the trial; it is merely an unofficial summary of the proceedings.

Throughout this summary, [information located in brackets are notes from our trial monitor] and “information placed in quotes are statements made by the witness, judges or counsel.” The names and identifying information of witnesses have been redacted.

[Note: SJAC provides a summary of the proceedings while redacting certain details to protect witness privacy and to preserve the integrity of the trial.]

[Note: Rather than publishing the trial reports of the Majdi N. case in chronological order, SJAC has organized them thematically and coherently based on the content of the hearings, making the material more accessible by highlighting key issues and connections across the proceedings.]

SJAC’s 2^nd trial monitoring report details parts of days 2 and 4 of the trial of Majdi N. in Paris, France. On this trial day, Presiding Judge Lavergne read aloud the summary of the case, notably focusing on the various appeals lodged during the investigation phase to challenge the charges and detailing the following decisions of the Court of Appeal and the Court of Cassation. The Civil Parties’ Counsels then suggested to provide the Jurors with a timeline summarizing key dates of Syrian history and the Syrian conflict, with a specific focus on developments in Eastern Ghouta. The Defense suggested a list of other dates to be added to that document. After a debate held on May 6 which ended in disagreement, the suggestion of a timeline was dismissed, and the parties solely agreed on a chart to be transmitted to the Jurors.

Report of Presiding Judge Lavergne on the case

Presiding Judge Lavergne explained that on June 26, 2019, the International Federation for Human Rights (IFHR), the Syrian Center for Media and Freedom of Expression (SCM), the French Human Rights League (FHRL), as well as seven individuals of Syrian and Canadian nationality, filed a complaint with the Prosecutor of the War Crimes and Crimes Against Humanity Unit of the Paris Judicial Court. The complaint targeted the spokesperson of the group Jaysh Al-Islam, Islam Alloush, who was later identified as Majdi N. According to the Civil Parties, he allegedly committed or was an accomplice in acts of torture and barbarity as well as war crimes perpetrated between 2012 and 2018 in Syria.

Presiding Judge Lavergne provided context by saying the Syrian revolution began in March 2011, in the wake of other uprisings during the Arab Spring, and resulted in a long civil war, which ended with the fall of the regime on December 8, 2024 and with hundreds of thousands of deaths. Presiding Judge Lavergne added that Jaysh Al-Islam was one of the armed opposition groups, and significant fragmentation existed among them.

In the complaint, Presiding Judge Lavergne reported, the Civil Parties denounced the systematic practice by Liwa al-Islam, which later became Jaysh al-Islam, of abductions, torture, and enforced disappearances of civilians in Eastern Ghouta—most notably the enforced disappearance of the "Douma 4" on December 9, 2013, namely Razan Zeitouneh, F21, Samira Al-Khalil, F22, Wael Hamada, F23, and Nazem Hammadi, F24, human rights defenders and members of the Violations Documentation Center (VDC). According to Presiding Judge Lavergne, the Civil Parties stated that the repression carried out by Jaysh Al-Islam was motivated on sectarian grounds and targeted individuals who were not Salafists, particularly Alawites and Druze perceived as loyal to the regime.

The complaint was filed on the basis of Articles 689-1 and 689-2 of the French Code of Criminal Procedure.

Presiding Judge Lavergne reported that on January 11, 2020, the Civil Parties informed the French judiciary about the presence of Islam Alloush in Marseille, France, where he was residing and attending lectures at the University of Aix-en-Provence.

Presiding Judge Lavergne further indicated that on January 13, 2020, the National Anti-Terrorism Prosecutor’s Office (PNAT) opened a preliminary investigation against unknown perpetrators for acts of torture, enforced disappearances, and war crimes committed in Syria between 2012 and April 2018. The investigation was entrusted to the Central Office for the Fight Against Crimes Against Humanity and War Crimes (OCLCH).

The initial investigations by the OCLCH established that Majdi N. had arrived at Marseille Airport on November 7, 2019 using a Syrian passport. His phone line was intercepted, and geolocation confirmed that he was residing in Marseille and traveling to the University of Aix-en-Provence.

Shifting to the investigation itself, Presiding Judge Lavergne explained that on January 26, 2020, the investigators interviewed [redacted name], W20, a member of the VDC [see Trial Report #26]. [redacted information on W20]. W20 said that in 2013, Jaysh Al-Islam was conducting campaigns to recruit children and adolescents, referred to as “Lion Cubs of Islam.” In his interview, W20 explained that in [redacted time] 2013, he visited a recruitment center where he saw numerous children and Islam Alloush, who was wearing a uniform and was armed with a handgun.

Presiding Judge Lavergne also mentioned the investigators’ interview of [redacted name], W22, on January 27, 2020 [see Trial Report #28]. In his hearing, W22 stated that on [redacted time], 2015, when he was fifteen years old, he was arrested by members of Jaysh Al-Islam. W22 was then taken to Al-Batoon prison, where he saw Islam Alloush in a military uniform that was distinct from the one worn by prison guards.

On January 29, 2020, Majdi N. was arrested in a public area in Marseille and taken into custody, Presiding Judge Lavergne continued. His residence was searched by the police, and several electronic devices—including a computer and an iPad—and administrative documents were seized.

Presiding Judge Lavergne pointed out that on January 31, 2020, the PNAT opened a judicial investigation [in France, a preliminary investigation is led by the public prosecutor to quickly verify the facts. A judicial investigation, which is more formal, is conducted by an investigating judge when the case becomes more complex or serious] against Majdi N. for acts of torture, complicity in enforced disappearances and in war crimes, and participation in a group formed or an agreement established for the preparation of war crimes, committed in Syria between 2013 and 2016. He was placed in pre-trial detention.

Majdi N. has consistently denied responsibility for the charges, claiming that he only played a minor role within Jaysh al-Islam and that his intention was to overthrow the regime while respecting human rights.

On July 23, 2020, Presiding Judge Lavergne noted, Majdi N.’s Defense filed a motion to nullify the Introductory and Supplementary Submissions issued by the PNAT [i.e. the ‘réquisitoire introductif’ and ‘réquisitoire supplétif’ are submissions filed by the prosecution at the beginning of an investigation and list the alleged charges brought against an accused that will need to be proved] as a basis for the preliminary investigation and the judicial investigation, as well as to nullify the initial interrogation. The Defense challenged the jurisdiction of the French Courts on both charges of complicity in the crimes of torture and enforced disappearance, and complicity in war crimes and related offenses. The Defense also raised the absence of serious or consistent evidence.

Presiding Judge Lavergne stressed that on April 4, 2022, the Investigating Chamber of the Court of Appeals (CHINS) rejected the motion. The Defense then appealed to the French highest judicial Court. The Court of Cassation dismissed the appeal on May 12, 2023 and clarified that the criteria of habitual residence and dual criminality [which are required for French courts to have universal jurisdiction. See our introduction to Majdi N.’s case here] were met.

By relying on the duration of Majdi N.’s stay, his university curriculum, and social and material ties in France, Presiding Judge Lavergne explained that the Court of Cassation held that the CHINS had sufficiently established the criterion of habitual residence. Regarding the requirement of dual criminality [i.e. international crimes charged under the French Penal Code had to be criminalized in the state where they have been committed], Presiding Judge Lavergne said that the Court of Cassation argued that the legal label of the crimes [here, ‘war crimes’] does not need to be identical in both countries; it is sufficient that the offenses involved are also punishable (such as murder, torture, rape, etc.). In this case, the Court of Cassation ruled that the CHINS decision was not subject to annulment, as war crimes and complicity are punishable in Syria under ordinary criminal offenses.

Presiding Judge Lavergne noted that on February 12, 2020, SCM, LDH, and FIDH filed to become Civil Parties. On February 25, 2020, he added, Mazen Darwish, W19, was interviewed as president of SCM. Mr. Darwish explained that he founded the VDC in 2011 within SCM and, in September 2011, Razan Zeitouneh joined VDC. On February 16, 2012, Mazen Darwish was arrested in Damascus by the Syrian government, and Razan Zeitouneh continued VDC’s activities in Eastern Ghouta.

Presiding Judge Lavergne noted that Mr. Darwish pointed to the responsibility of Jaysh Al-Islam in the abduction of the Douma 4 and stated that Majdi N. had concealed evidence related to their disappearance.

Presiding Judge Lavergne mentioned that a résumé of Majdi N.’s was found by the investigators on his electronic devices in which he described his roles in Jaysh Al-Islam first as a spokesperson, then as vice-president of the Moral Guidance Office, and finally as a member of its political bureau.

Following a Supplementary Submission dated September 15, 2022, Presiding Judge Lavergne explained that Majdi N. was also charged with war crimes against civilians and complicity in war crimes committed in Syria and Turkey between 2013 and 2016, as well as participation in a group formed or an agreement established with the aim of preparing these war crimes.

Presiding Judge Lavergne highlighted during the investigation, several witnesses and Civil Parties were heard. Among them:

Civil Party [redacted name], W21, recounted that several young boys in his family and neighborhood [redacted name, F30 and redacted name, F31] were indoctrinated by Jaysh Al-Islam when they were 16 years old;
An anonymous witness reported having been threatened by Jaysh Al-Islam due to his journalistic activities and stated that he saw Majdi N. at a children’s training center in 2013;
A Syrian Christian doctor [redacted name, W11] reported that during the assault on the city of Adra Al-Omalya by several armed groups, including Jaysh Al-Islam, he was arrested and tortured;
The former vice-president of the Syrian National Coalition [redacted name], W27, who had participated in peace talks [between the opposition’s factions and the Syrian regime] was heard. He explained that Majdi N. was informed of the activities of Jaysh Al-Islam.

Presiding Judge Lavergne noted during the investigation, investigators could not travel to the locations where the acts were perpetrated. The investigations took into account a massive number of digital files in Arabic.

Furthermore, Presiding Judge Lavergne asserted that pressure was exerted on witnesses, Civil Parties, and on the court [without specifying where they came from].

Presiding Judge Lavergne reported that throughout the pretrial proceedings, Majdi N. contested the charges and refused several summons, causing several hearings to be canceled.

He further mentioned that Majdi N. met Zahran Alloush [leader of Jaysh Al-Islam until 2015] while they were both imprisoned by the regime in 2009. Their alliance was formed through their shared interest in politics.

He then noted that Majdi N. completed his mandatory military service and defected in 2012.

According to Presiding Judge Lavergne, Majdi N. stated during the investigation that he wanted to join the media section considering the importance of communication in war and joined Jaysh Al-Islam because of his opposition to the regime and his friendship with Zahran Alloush. Majdi N. reportedly did not share the group’s Salafist ideology and also mentioned his tensions with the group because of his liberal and tolerant state of mind.

Presiding Judge Lavergne quoted Majdi N.’s statement during the investigation that he was the spokesperson of Jaysh Al-Islam and, as such, had to communicate the group’s operations. He reportedly claimed to have stopped engaging in politics after leaving Eastern Ghouta and to have been sent to Turkey by Zahran Alloush to carry out his duties as spokesperson and benefit from greater media exposure. Abroad, Presiding Judge Lavergne noted Majdi N. met foreign diplomats, which was the reason he then joined the political bureau of Jaysh Al-Islam. Presiding Judge Lavergne also observed that Majdi N. asserted to not know about detention facilities of Jaysh al-Islam because he was in Turkey.

Presiding Judge Lavergne further explained that Majdi N. said he left Eastern Ghouta permanently on May 28, 2013 to travel to Turkey—and that he only returned twice to northern Syria where he accompanied Zahran Alloush on trips, but Majdi N. maintained that he did not go to Eastern Ghouta because of the siege by the Syrian army. On several occasions later in the trial, the Prosecution contested this point in court.

Presiding Judge Lavergne also referred to tensions Majdi N. reported with Jaysh Al-Islam following Zahran’s death because of Majdi N.’s liberal/western mindset, and so in May or June 2016, about 5 or 6 months after Zahran’s death, he resigned.

Presiding Judge Lavergne pointed out that during the investigations, many documents from the International, Impartial and Independent Mechanism (IIIM) and the Pinheiro Commission were added to the case file. He added that the IIIM provided a note on the beginning of the civil war in Syria, as well as a list of videos, press articles, and testimonies from Syrian nationals.

At this point, the interpreter stated that Majdi N. wanted to know what the Court meant by “Moral Guidance Office.” Responding to his request, Presiding Judge Lavergne read the section of the indictment referring to this office and then resumed with his description of the pretrial proceedings.

Presiding Judge Lavergne reported that several individuals [including W11] attested to having seen Razan Zeitouneh in the prison of Jaysh al-Islam. Presiding Judge Lavergne indicated that Jaysh Al-Islam has not provided any information on her fate, and her body has never been found.

On July 19, 2023, Presiding Judge Lavergne continued, the Investigating Judges issued a Closing Order [i.e. the ‘ordonnance de mise en accusation’ is a document issued by the Investigative Judge at the end of a judicial investigation and before a trial. It details the charges against an accused that were maintained or dismissed after sufficient inculpatory or exculpatory evidence were gathered and lists the remaining charges an individual is to be tried for] on charges of complicity in war crimes committed in Syria and Turkey between 2013 and 2016:

(1) Deliberate attempt on life, physical or mental integrity of persons protected under international humanitarian law;
(2) Deliberate attacks against civilians;
(3) Conscription or recruitment of minors;
(4) Enforced disappearances;
(5) Humiliating and degrading treatment inflicted on persons from the opposing party, seriously affecting their physical or mental integrity.

As Presiding Judge Lavergne reported, Majdi N.’s Counsels appealed this Closing Order. The Defense Counsels argued that Article 221-12 of the Penal Code on enforced disappearances specifies that this crime can only be committed by a state agent or by persons acting with the support or consent of the state. According to them, this offense could not apply to Jaysh Al-Islam as a non-state armed group. Consequently, the CHINS deemed that the crime of enforced disappearance committed between August 5 and December 8, 2013 [targeting particularly the Douma 4] was not established and dismissed this charge.

Presiding Judge Lavergne referenced the CHINS’s assertion that several conditions must be met to be indicted on war crimes: the acts must have been committed during a non-international armed conflict, a link between the alleged crimes and the conflict must be proven, and the acts must constitute serious violations of the laws and customs of war, or conventions applicable to armed conflicts.

Presiding Judge Lavergne then detailed the three remaining war crimes committed by the group Majdi N. was accused of having participated in: deliberate attacks against civilians, deliberate attempt on life, and conscription and recruitment of minors. [However, the appeal stipulated that this list was not comprehensive and, during the debates, the parties agreed to explicitly mention three other war crimes that could be attributed to the group Majdi N. participated in. See Trial Report #32. Among them was the crime of humiliating and degrading treatment that had already appeared in the Closing Order of July 19, 2023, but for an unknown reason was not detailed by Presiding Judge Lavergne in this session.]

Deliberate attacks against civilians

Regarding this charge, Presiding Judge Lavergne pointed out that several indiscriminate bombings allegedly committed by Jaysh Al-Islam and other factions, particularly on Adra, were corroborated by witnesses and videos. He noted the Defense’s argument that this attack targeted a military objective, and that Jaysh Al-Islam had issued a warning. Therefore, the Defense considered it could not be qualified as indiscriminate.

Presiding Judge Lavergne referenced the CHINS’s statement that multiple groups participated in this attack, and that no warning had been given to the civilian population. The CHINS further noted that several other attacks causing deaths of civilians could also be attributed to Jaysh Al-Islam.

Presiding Judge Lavergne concluded that based on these findings, the CHINS deemed that the deliberate attack against civilians was established.

Deliberate attempt on life

During the assault on the city of Adra Al-Omalya in 2013, Presiding Judge Lavergne indicated that armed groups including Jaysh Al-Islam allegedly arrested, killed, beheaded and tortured civilians. They also placed women in cages on rooftops to serve as human shields, Presiding Judge Lavergne continued, and several witnesses mentioned summary executions, sometimes carried out in public squares, by members of Jaysh al-Islam.

At that point, Presiding Judge Lavergne noted Majdi N.’s Counsel’s argument that arresting and detaining an individual is not in itself a war crime.

However, Presiding Judge Lavergne added, the CHINS considered that numerous testimonies clearly showed that inhuman treatment was inflicted against detainees. Moreover, it clearly appeared from the indictment that the inhuman treatment, deliberate attempt on life, and summary executions were linked to the armed conflict in which Jaysh Al-Islam was involved and that they could be directly attributed to this group.

Presiding Judge Lavergne concluded that based on these findings, the CHINS deemed that deliberate attempt on life was established.

Recruitment of minors

Presiding Judge Lavergne noted that several testimonies and videos showed the presence of minors within the ranks of Jaysh al-Islam, under the name “Lion Cubs of Islam,” including children under the age of 15.

He added that according to W20, minors “between 12 and 18 years old” were recruited, specifying that he once met some of his former students standing guard in front of a regiment.

Presiding Judge Lavergne referred to another witness who explained that in July 2013, recruitment posters were hung in the streets and on shop windows in Eastern Ghouta. These posters targeted boys aged 13 to 14.

Presiding Judge Lavergne concluded that based on these findings, the CHINS deemed that recruitment of minors was established.

Suggestion of Civil Parties to provide a timeline to the Jury

The Counsels representing the IFHR put forth a timeline they had compiled describing the main dates of the Syrian history and conflict, particularly in Eastern Ghouta, to be added to the proceedings for the Jurors to better understand the broader context.

The proceedings were suspended for 10 minutes to give the parties time to read it over.

Presiding Judge Lavergne read the following document providing background on the conflict in Syria aloud:

Background on Syria:

Syria has been ruled by President Bashar Al-Assad since 2000, following the death of his father, Hafez Al-Assad.
Surface: Approx. 185,000 km².
Capital: Damascus.
Official language: Arabic.
Population (pre-war): Approx. 22 million.
Main ethnic groups: Arabs, Kurds, Assyrians, Armenians.
Main religious groups: Sunni Muslims (majority), Alawites, Shiites, Druze, Christians.
The population of Eastern Ghouta has declined sharply during the conflict, due to displacement, siege, and bombardment.

Specific context in Eastern Ghouta:

An important agricultural region on the outskirts of Damascus.
Main towns: Douma, Adra, Jobar, Harasta.
The Syrian revolution reached Eastern Ghouta in 2011. The region gradually shifted to a rebels’ camp, becoming a zone of direct confrontation between regime forces and armed groups.
In 2011, the first brigades of the Free Syrian Army (FSA) were formed.
In 2012, government forces were expelled from several areas of Eastern Ghouta. In response, the regime began an intensive bombing of the region.

Brief history of Syria:

1916: Signature of the Sykes-Picot agreements between France and the United Kingdom, dividing the Middle East into zones of influence.
1976: Syrian troops enter Lebanon in the context of the Lebanese civil war.
February 1982: Massacre of civilians in Hama by the Syrian regime.
2000: Death of Hafez Al-Assad, succeeded by his son Bashar Al-Assad.
2005: Assassination of former Lebanese Prime Minister Rafik Hariri; Syrian forces withdraw from Lebanon.
March 15, 2011: Syrian revolution begins in Daraa.
July 2011: Creation of the Free Syrian Army (FSA).
September 15, 2011: Creation of the Syrian National Council in Istanbul, aimed at unifying the opposition.
2011: Creation of Liwa al-Islam, which later became Jaysh al-Islam.
Summer 2012: Liwa al-Islam disassociates itself from the FSA.
July 2012: FSA takes Douma.
2012: Failure of the UN transition process (Geneva Conference).

Majdi N. disagreed on the mention of Liwa Al-Islam’s disassociation from the FSA, and Presiding Judge Lavergne suggested to delete it. The Civil Parties agreed but emphasized they obtained the information from Syria expert Charles Lister. Questioned by Presiding Judge Lavergne, Majdi N. pointed out that the FSA was created after a meeting of 30 experts that took place in Turkey, and Zahran Alloush was one of them. Majdi N. spoke in English, and Presiding Judge Lavergne again demanded that he speak in Arabic. Counsel Ruiz protested. Lavergne decided to remove the mention of the disassociation between Liwa Al-Islam and the FSA from the timeline’s draft and continued reading the document aloud.

November 2012: Creation of the National Coalition for Syrian Revolutionary [also called National Coalition for Syrian Revolutionary and Opposition Force]
December 2012 : Creation of the Syrian Islamic Front, a coalition of Islamist groups opposed to the regime and distinct from the FSA.

Majdi N. contested the mention related to the creation of the Syrian Islamic Front, which was deleted from the timeline’s draft.

--- ---

Early 2013: Creation of the Islamic State in Iraq and Syria (ISIS), resulting from a split with Al-Qaeda in Iraq.
Summer 2013: Desertion of Caesar, a military photographer, who fled Syria with around 55,000 photos documenting the deaths of detainees in the Bashar Al-Assad regime’s detention centers.
August 2013: Chemical attacks on Eastern Ghouta, attributed to the Bashar Al-Assad regime. Several hundreds of civilians are killed.
September 2013: Liwa Al-Islam officially becomes Jaysh Al-Islam.
December 2013: Jaysh Al-Islam joins a coalition of Islamist groups.
2013: The Syrian regime begins economic siege of Eastern Ghouta.
2013-2018: Complete siege of Ghouta by Syrian government forces.
2014: The city of Raqqa comes under control of the Islamic State in Iraq and Syria (ISIS).
May 2, 2018: Eastern Ghouta is recaptured by Syrian regime forces.
June 2020: The Caesar Act comes into force in the United States, imposing economic sanctions against the Syrian regime.
2023: Earthquake in Syria; this event marks the beginning of the end of Bashar Al-Assad's diplomatic isolation.
December 2024: Hayat Tahrir al-Sham (HTS) takes power; Bashar Al-Assad loses control over the country.

Defense Counsel Ruiz reported that Majdi N. wished to integrate to this timeline the conflict between Jaysh Al-Islam and ISIS.

Proceedings were adjourned.

Debate on additions to the timeline suggested by the Defense

On Tuesday May 6, 2025, the Defense suggested a list of dates to add to the first draft of the timeline. Presiding Judge Lavergne inquired whether all parties agreed to the additions. He commented that the dates provided by the Defense mostly relied on information shared by Majdi N. and pointed out that the timeline shall not mention information that still required verification by the Court on its reliability.

Civil Parties’ Counsel Bailly emphasized the idea was to give the Jurors some landmarks all parties could agree on, but that the list suggested by the Defense had nothing to do with that. Prosecutor Havard added that the first proposal provided contextual elements that were not contested. On the contrary, the elements presented by the Defense were solely based on Majdi N.’s statements, which must be debated. Prosecutor Havard suggested the parties reach a consensus by going back to the document presented by the Civil Parties [on April 30].

Defense Counsel Kempf said that the Civil Parties and the Prosecution provided general political landmarks on Syria, and claimed this trial was not a colloquium or a parliamentary commission on what has or has not been done in Syria, but the trial of a man who has been in prison in unworthy conditions for more than five years. Counsel Kempf regretted that the timeline focuses on events that do not concern the Accused and deviates from the purpose of the trial.

Counsel Kempf also asserted that the Defense’s proposal contained objective elements, such as the massacre by the Bashar Al-Assad regime of Douma demonstrators on April 22, 2011, the creation of the Unified Judiciary Council, or the departure of Majdi N. from Eastern Ghouta on May 28, 2013 at the request of Zahran Alloush. The Defense considered these dates to not only be deduced from Majdi N.’s statements but to be based on corroborating evidence, including statements of witnesses. Moreover, the date of August 26, 2016 [included in the timeline] referred to the publication of an interview of Majdi N. by Israeli journalist Elizabeth Tsurkov, F32.

Presiding Judge Lavergne stressed some witnesses mentioned Majdi N.’s presence in Ghouta after his supposed departure in 2013 and did not understand why the departure date would be mentioned in the document [as a contested fact].

Prosecutor Havard regretted the position adopted by the Defense and suggested at least providing a map of the country and the region of Eastern Ghouta. Defense Counsel Ruiz responded that the Jurors most likely already consulted a map of Syria but did not disagree to provide them with one.

Defense Counsel Kempf argued that cartography is a representation of space, and many sociologists consider it to be already political. He stressed the present case required everyone to “get rid of our ethnocentrism” and added “[our] representation [is] influenced by history and colonial relationships.” Counsel Kempf said he was not opposed to providing the map but stressed everyone needed to be wary when using terms such as Sharia, Islamic law, etc. [referring to testimony of witness Thomas Pierret, W3]. He concluded that this map was not going to translate the extreme complexity [of the Syrian context].

Presiding Judge Lavergne decided a map will be transmitted to the jury.

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