• 2003 - Additional Element of Offense - Nonexistence of Defense
  • K-3.01
    • Burden Of Proof
    • Defenses
    • Defenses
    • Self Defense
  • Evidence has been presented that the Defendant [state the defense]. The State must prove beyond a reasonable doubt, as an additional element of the offense charged, that the Defendant was not [state the defense]. The Defendant does not have the burden of proof as to this defense. If the State has failed to prove beyond a reasonable doubt that the Defendant did not [state the defense], the defendant is entitled to a verdict of not guilty.
    • 12.1-01-03(1)
    • 12.1-01-03(2)
    • Bratvold v. Lalum, 282 NW 514 (ND 1938)
    • Doll v. Treiber, 76 NW2d 910 (ND 1956)
    • Haider v. Finken, 239 NW2d 508 (ND 1976)
    • King v. Ry. Express Agency, Inc., 107 NW2d 509 (ND 1961)
    • Schaller v. Bjornstad, 40 NW2d 59 (ND 1949)
    • Simon v. Woodland, 179 NW2d 422 (ND 1970)
    • State v. Olander, 1998 ND 50, 575 NW2d 658
    • State v. Thiel, 411 NW2d 66 (ND 1987)
  • Notes: This instruction does not apply to affirmative defenses. For affirmative defenses, see NDJI K - 4.00.