Proposed Jury Instruction for Negligent (Wounding) Killing 
of a Human Being (Livestock) While Hunting  

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).


NEGLIGENT (WOUNDING) KILLING OF A HUMAN BEING
(LIVESTOCK) WHILE HUNTING


______________ INSTRUCTION NO. ____

    The offense charged in Count _____ of the Indictment in this case is Negligent (Killing) (Wounding) Of A (Human Being) (Livestock) While Hunting. One of two verdicts may be returned by you under the offense charged in the Indictment. They are: (1) guilty of Negligent (Killing) (Wounding) Of A (Human Being) (Livestock) While Hunting ; (2) not guilty.
    Negligent (Killing) (Wounding) Of A (Human Being) (Livestock) While Hunting is committed when any person while engaged in hunting, pursuing, taking or killing of wild animals or wild birds carelessly or negligently shoots, wounds or kills a (human being).(livestock).
    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 Negligent (Killing) (Wounding) Of A (Human Being) (Livestock) While Hunting, 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 (carelessly) (negligently)
    5.    (kill) (wound) ________________________________
    6.    while engaged in (hunting) (pursuing) (taking) (killing)
    7.    (wild animals) (wild birds).
    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 Negligent (Killing) (Wounding) Of A (Human Being) (Livestock) While Hunting 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 Negligent (Wounding) (Killing) Of A (Human Being) (Livestock) While Hunting as charged in the Indictment you shall find the Defendant,___________________________, not guilty.

COMMENT

Negligent (Killing) (Wounding) Of
        
A (Human Being) (Livestock) While Hunting


1.     W.Va. Code, §20-2-57.
2.     State v. Ivey, 474 S.E. 2d 501 (W.Va. 1996).