INSTRUCTION NO. 1

          

          In deciding what the facts are, you may have to decide what testimony you believe

          and what testimony you do not believe. You may believe all of what a witness said, or

          only part of it, or none of it.

          

          In deciding what testimony to believe, consider the witness's intelligence, the

          opportunity the witness had to have seen or heard the things testified about, the

          witness's memory, any motives that witness may have for testifying a certain way, the

          manner of the witness while testifying, whether that witness said something

          different at an earlier time, the general reasonableness of the testimony, and the

          extent to which the testimony is consistent with any evidence that you

          believe.

          

          In deciding whether or not to believe a witness, keep in mind that people

          sometimes hear or see things differently and sometimes forget things. You need to

          consider therefore whether a contradiction is an innocent misrecollection or lapse of

          memory or an intentional falsehood, and that may depend on whether it has to do

          with an important fact or only a small detail.

          

          INSTRUCTION NO. 2

          

          I have mentioned the word "evidence." The "evidence" in this case consists of the

          testimony of witnesses, the documents and other things received as exhibits, and the

          facts that have been stipulated -- this is, formally agreed to by the parties.

          

          You may use reason and common sense to draw deductions or conclusions from facts

          which have been established by the evidence in the case.

          

          Certain things are not evidence. I shall list those things again for you now:

          

          1. Statements, arguments, questions and comments by lawyers representing the

          parties in the case are not evidence.

          

          2. Objections are not evidence. Lawyers have a right to object when they believe

          something is improper. You should not be influenced by the objection. If I

          sustained an objection to a question, you must ignore the question and must not try

          to guess what the answer might have been.

          

          3. Testimony that I struck from the record, or told you to disregard, is not

          evidence and must not be considered.

          

          4. Anything you saw or heard about this case outside the courtroom is not evidence.

          

          Finally, if you were instructed that some evidence was received for a limited

          purpose only, you must follow that instruction.

          

          INSTRUCTION NO . 3

          

          There is no burden upon a defendant to prove that he is innocent. Accordingly,

          the fact that a defendant did not testify must not be considered by you in any way,

          or even discussed, in arriving at your verdict.