• 2002 - Motive
  • K-5.35
    • Charge To Jury
    • Evidence
    • Closing Instructions
  • Proof of a motive for commission of a crime is permissible and often valuable, but never essential. If, after a consideration and comparison of all the evidence, you have a firm and abiding conviction that the Defendant committed the crime charged, the motive for its commission becomes unimportant. Evidence of motive is sometimes of assistance in removing doubt and completing proof that otherwise might be unsatisfactory. Motive may be shown by direct evidence or by facts supporting a reasonable inference. If proved, motive becomes nothing more than a circumstance to be considered by you. The absence of motive is a circumstance tending to support the presumption of innocence and should be given such weight and credibility as you think it deserves.
    • State v. Ash, 526 NW2d 473 (ND 1995)
    • State v. Haugen, 458 NW2d 288 (ND 1990)
  • Notes: