Injury to Railroad and Public Utility Property

Proposed Jury Instructions for Injury to Railroad and
Public Utility Property

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).

OBSTRUCTING A RAILROAD
(TRACTION LINE) (STREET RAILWAY)

______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Obstructing A Railroad. One of two verdicts may be returned by you under the offense charged in the Indictment. They are: (1) guilty of Obstructing A Railroad; and (2) not guilty.
    Obstructing A Railroad is committed when any person maliciously obstructs, removes or injures any part of a railroad, traction line or street railway, or any bridge or fixture thereof or obstruct any machinery, work, engine or motor thereof or any conveyor of electricity or other power used by the same, whereby the life of any traveler on such road or traction line or street railway is in peril.
    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 Obstructing A Railroad, 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 maliciously
    5.     (Obstruct) (remove) (injure)
    6.     (Any part of a [railroad] [traction line] [street railway]) (any [bridge] [fixture] of a [railroad] [traction line] [street railway] ([any conveyor of electricity] [any conveyor of power used]}
    7.     Where the life of any traveler on such (railroad) (traction line) (street railway) is in peril.
    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 Obstructing A Railroad 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 Obstructing A Railroad as charged in the Indictment you shall find the Defendant, ___________________________, not guilty.

COMMENT
Obstructing A Railroad

1. W.Va. Code, §61-3-28.

WILLFUL INJURY TO RAILROAD PROPERTY

______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Willful Injury To Railroad Property. One of two verdicts may be returned by you under the offense charged in the Indictment. They are: (1) guilty of Willful Injury To Railroad Property and (2) not guilty.
    Willful Injury To Railroad Property is committed when any person willfully and unlawfully injures, impairs, weakens, destroys, or misplaces any building, bridge, rail, track, sidetrack, switch, rail bonds, spur track, work engine, machine, locomotive, handcar, depot, car, trestle, telegraph line, telegraph pole, telegraph wire, telegraph instrument, or any other instrument, machine, invention or mechanical or electrical appliance whatever, which may be, or now is used by any company operating or using any railroad or traction line or system, or other line or work of internal improvement in this State, or shall obstruct any corporation which is the owner or lessee of any railroad or traction line or system or other work of internal improvement in this State.
    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 Willful Injury To Railroad Property, 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 (injure) (impair) (weaken) (destroy) (misplace) (obstruct)
     5.      Any (building) (bridge) (rail) (track) (sidetrack) (switch) (rail bonds) (spur track) (work engine) (machine) (locomotive) (handcar) (depot) (car) (trestle) (telegraph line) (telegraph pole) (telegraph wire) (telegraph line) (telegraph instrument) (instrument) (machine) (invention) (mechanical appliance) (electrical appliance)
     6.      Which (may be) (now is) used
     7.      (By any company [operating] [using] any [railroad] [traction line] or [system]) (By any company [operating] [using] any [line] [work] of internal improvement.
    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 Willful Injury To Railroad Property 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 Willful Injury To Railroad Property as charged in the Indictment you shall find the Defendant, ___________________________, not guilty.

COMMENT
Willful Injury To Railroad Property

1. W.Va. Code, §61-3-41.

WILLFUL INJURY TO RAILROAD PROPERTY
RESULTING IN HARM TO A PERSON

______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Willful Injury To Railroad Property Resulting In Harm To A Person. One of two verdicts may be returned by you under the offense charged in the Indictment. They are: (1) guilty of Willful Injury To Railroad Property Resulting In Harm To A Person and (2) not guilty.
    Willful Injury To Railroad Property Resulting In Harm To A Person is committed when any person willfully and unlawfully injures, impairs, weakens, destroys, or misplaces any building, bridge, rail, track, sidetrack, switch, rail bonds, spur track, work engine, machine, locomotive, handcar, depot, car, trestle, telegraph line, telegraph pole, telegraph wire, telegraph instrument, or any other instrument, machine, invention or mechanical or electrical appliance whatever, which may be, or now is used by any company operating or using any railroad or traction line or system, or other line or work of internal improvement in this State, or shall obstruct any corporation which is the owner or lessee of any railroad or traction line or system or other work of internal improvement in this State and as a result thereof any person on any train, locomotive or passenger car on any railroad or traction line or system is maimed or disfigured by reason of such act..
    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 Willful Injury To Railroad Property Resulting In Harm To A Person, 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 (injure) (impair) (weaken) (destroy) (misplace) (obstruct)
     5.      Any (building) (bridge) (rail) (track) (sidetrack) (switch) (rail bonds) (spur track) (work engine) (machine) (locomotive) (handcar) (depot) (car) (trestle) (telegraph line) (telegraph pole) (telegraph wire) (telegraph line) (telegraph instrument) (instrument) (machine) (invention) (mechanical appliance) (electrical appliance)
     6.      Which (may be) (now is) used
     7.      (By any company [operating] [using] any [railroad] [traction line] or [system]) (By any company [operating] [using] any [line] [work] of internal improvement
     8.      and as a result thereof _________________ who was on a (train) (locomotive) (passenger car) on the (railroad) (traction line) or system
     9.      was (maimed) (disfigured) by reason of such act.
    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 Willful Injury To Railroad Property Resulting In Harm To A Person 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 Willful Injury To Railroad Property Resulting In Harm To A Person as charged in the Indictment you shall find the Defendant, ___________________________, not guilty.

COMMENT
Willful Injury To Railroad Property Resulting In Harm To A Person

1. W.Va. Code, §61-3-41.

SHOOTING AT OR THROWING (STONES) (DANGEROUS MISSILES)
AT A RAILROAD (PASSENGER) CAR

______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is (Shooting) (Throwing) (Stones) (Dangerous Missiles) At A Railroad (Passenger) Car One of two verdicts may be returned by you under the offense charged in the Indictment. They are: (1) guilty of (Shooting) (Throwing) (Stones) (Dangerous Missiles) At A Railroad (Passenger) Car and (2) not guilty.
    (Shooting) (Throwing) (Stones) (Dangerous Missiles) At A Railroad (Passenger) Car is committed when any person shoots or throws stones or other dangerous missiles at a passenger car or other railroad or traction car used for carrying passengers or other persons while any such passenger or other person is within the same.
    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 (Shooting) (Throwing) (Stones) (Dangerous Missiles) At A Railroad (Passenger) Car , 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 (shoot) (throw stones) (dangerous missiles)
     5.      At a (passenger car) (railroad car) (traction car)
     6.      Used for (carrying passengers) (carrying persons)
     7.      While such (passengers) (persons) are within the same.
    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 (Shooting) (Throwing) (Stones) (Dangerous Missiles) At A Railroad (Passenger) Car 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 (Shooting) (Throwing) (Stones) (Dangerous Missiles) At A Railroad (Passenger) Car as charged in the Indictment you shall find the Defendant, ___________________________, not guilty.

COMMENT
(Shooting) (Throwing) (Stones) (Dangerous Missiles)
At A Railroad (Passenger) Car
1. W.Va. Code, §61-3-41.

DESTRUCTION OF PUBLIC UTILITY PROPERTY

______________ INSTRUCTION NO. ____
    The offense charged in Count _____ of the Indictment in this case is Destruction Of Public Utility Property. One of two verdicts may be returned by you under the offense charged in the Indictment. They are: (1) guilty of Destruction Of A Public Utility and (2) not guilty.
    Destruction Of A Public Utility is committed when any person willfully or maliciously destroys or injures any of the wires, poles, insulators or other property belonging to any telephone, telegraph, railroad or public utility company.
    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 A Public Utility, 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) (maliciously)
     5.      (Destroy) (injure)
     6.      (Wires) (poles) (insulators) (__________________)
     7.      Belonging to _______________________________, (a telephone company) (telegraph company) (railroad company) (public utility company)
    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 A Public Utility 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 A Public Utility as charged in the Indictment you shall find the Defendant, ___________________________, not guilty.

COMMENT
DESTRUCTION OF PUBLIC UTILITY PROPERTY

1. W.Va. Code, §61-3-29.