Proposed
Jury Instructions for Crimes Against
Floating Crafts
NOTICE TO COUNSEL AND JUDGES: As provided in the Court's Order accepting the proposed jury instructions for a period of working review, the Court's provisional approval "is for the purpose of refining and testing the application and accuracy of the pattern instructions and does not ensure error-free trials, and their use does not carry a no-reversal guarantee. It is not intended that this provisional acceptance is a final approval of the content of any instruction and each judge may use or refuse any instruction as he or she sees fit[,]" according to law. (emphasis added).
DESTRUCTION OF FLOATING CRAFT
______________ INSTRUCTION NO. ____
The offense charged in Count _____ of the Indictment
in this case is Destruction Of Floating Craft. One of two verdicts may be returned
by you under the offense charged in the Indictment. They are: (1) guilty; (2)
not guilty.
Destruction Of Floating Craft is committed when any
person willfully cast away or otherwise destroys any vessel within any county
with the intent to injure or defraud any owner thereof, or any owner of any
property on board the same, or any insurer of such vessel or property thereon,
or any part thereof.
The burden is on the State to prove the guilt of the
Defendant beyond a reasonable doubt, and the Defendant, ______________________________,
is not required to prove himself innocent. He is presumed by law to be innocent
of this charge and this presumption remains with him throughout the entire trial.
Before the Defendant, ______________________________
can be convicted of Destruction Of Floating Craft, the State of West Virginia
must overcome the presumption that he is innocent and prove to the satisfaction
of the jury beyond a reasonable doubt that:
1. the Defendant, ______________________________
2. in _______________ County,
West Virginia
3. on or about the _____ day
of _______________, 2___,
4. did willfully (cast away)
(destroy)
5. Any vessel
6. (With the intent to [injure]
[defraud] the owner thereof) (With the intent to [injure] [defraud] the owner
of any property on board the vessel or any part thereof) (with the intent to
[defraud] any insurer of such [vessel] [property thereon] or any part thereof.
If after impartially considering, weighing and comparing
all the evidence, (both that of the State and that of the Defendant) the jury
and each member of the jury is convinced beyond a reasonable doubt of the truth
of the charge as to each of these elements of the crime of Destruction Of Floating
Craft you may find the Defendant, ______________________________, guilty as
charged in the Indictment. If the jury and each member of the jury has a reasonable
doubt of the truth of the charge as to any one or more of these elements of
the crime of Destruction Of Floating Craft as charged in the Indictment you
shall find the Defendant,___________________________, not guilty.
COMMENT
Destruction Of Floating Craft
1. W.Va. Code, §61-3-25.
INTERFERENCE WITH A FLOATING CRAFT
______________ INSTRUCTION NO. ____
The offense charged in Count _____ of the Indictment
in this case is Interference With A Floating Craft. One of two verdicts may
be returned by you under the offense charged in the Indictment. They are: (1)
guilty; (2) not guilty.
Interference With A Floating Craft is committed when
any person take, carry away, remove, injure, destroy, break, cut, detach, untie,
loosen, impair, weaken or otherwise interfere with any rope, line fastening,
connection or other appliance used to tie, moor, attach or fasten to a bank
of any stream, any floating craft, lumber, timber or material, the property
of another with intent to injure, defraud or damage such other person, or to
cause such floating craft, lumber, timber or material to become adrift or to
float away without the consent of the owner thereof.
The burden is on the State to prove the guilt of the
Defendant beyond a reasonable doubt, and the Defendant, ______________________________,
is not required to prove himself innocent. He is presumed by law to be innocent
of this charge and this presumption remains with him throughout the entire trial.
Before the Defendant, ______________________________
can be convicted of Interference With A Floating Craft, the State of West Virginia
must overcome the presumption that he is innocent and prove to the satisfaction
of the jury beyond a reasonable doubt that:
1. the Defendant, ______________________________
2. in _______________ County,
West Virginia
3. on or about the _____ day
of _______________, 2___,
4. did (take) (carry away) (untie)
(loosen) (impair) (weaken) (interfere with)
5. Any (rope) (line) (fastening)
(connection) (appliance)
6. Used to (tie) (moor) (attach)
(fasten)
7. To the bank of any stream
8. Any (floating craft) (lumber)
(timber) (material)
9. Belonging to another, to-wit:
___________________
10. (With the intent to [injure]
[defraud] [damage] such [other person]) (With the intent to cause such [floating
craft] [lumber] [timber] [material] to [become adrift] [float away]
11. Without consent of the
owner.
If after impartially considering, weighing and comparing
all the evidence, (both that of the State and that of the Defendant) the jury
and each member of the jury is convinced beyond a reasonable doubt of the truth
of the charge as to each of these elements of the crime of Interference With
A Floating Craft you may find the Defendant, ______________________________,
guilty as charged in the Indictment. If the jury and each member of the jury
has a reasonable doubt of the truth of the charge as to any one or more of these
elements of the crime of Interference With A Floating Craft as charged in the
Indictment you shall find the Defendant,___________________________, not guilty.
COMMENT
Interference With A Floating Craft
1. W.Va. Code, §61-3-26.