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On Whether A Misdirection Is The Same As An Error Of Fact And Whether Error Of Fact And Error Of Law Can Render A Ground Of Appeal Incompetent
Misdirection is defined by Black's Law Dictionary 7th Edition as an erroneous jury instruction that may be grounds for reversing a verdict, while fact is defined by the same dictionary at page 610 as something that actually exists; an aspect of reality. An actual or alleged event or circumstance as distinguished from its legal effect, consequence or interpretation.
From the definitions herein, a misdirection is certainly not the same thing as error of fact. Error of law and error of fact where particulars are provided, cannot render a ground of appeal incompetent where the particulars are sufficiently provided.