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
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.