Whether the language in a recurring jury instruction violates due process by failing to prove every element of the offense charged

Whether the language in a reoccurring jury instruction, upon which there i split of authority, violates due process by failing to give effect to the requirement that the State must prove every element of the offense charged 442 U.S. 510,520-521,61 L. Ed. 2d 39,99 S. United States Supreme Court Rule 10(c).is a . Sands from v. Montana, Ct. 2450 (1979); U.S. Const. Amend. XIV;