• 2007 - Duty of Jury (To Follow "Essential Elements")
  • K-5.01
    • Charge To Jury
    • Jury
    • Verdicts
    • Closing Instructions
    • Closing Instructions
  • If you find from all the evidence in this case, beyond a reasonable doubt, that all of the foregoing essential elements of the crime of _______________ charged in the Information, viewed in the light of the law, have been proven, then it is your duty to find the Defendant guilty [,unless the Defendant has established the affirmative defense of _______________, by the greater weight of the evidence].

     

    If the State has failed to establish any of those essential elements beyond a reasonable doubt, [or the Defendant has established the affirmative defense of _______________ by the greater weight of the evidence,] it is your duty to find the Defendant not guilty.

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    • 12.1-01-03
    • State v. Olander, 1998 ND 50, 575 NW2d 658
  • Notes: This instruction follows the “Essential Elements of Offense” instruction in every case.