Proposed Jury Instruction for Deadly Weapon


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).

DEADLY WEAPON

_______________ INSTRUCTION NO. _____

    The Court instructs the jury that the term "deadly weapon" means an instrument which is designed to be used to produce serious bodily injury or death, or is readily adaptable to such use.


COMMENT

DEADLY WEAPON

1.     W.Va. Code §61-7-2(9).
2.     Village of Barboursville ex rel. Bates v. Taylor, 115 W.Va. 4, 174 S.E. 485 (1934).