Ala. Pattern Jury Instr. (Criminal) 13A-5-40(A)(4)D

MURDER DURING BURGLARY IN THE SECOND DEGREE

(Or Attempt Thereof)*

(Armed With Explosives)

The defendant is charged with capital murder. The law states that an

intentional murder committed during a burglary in the second degree is capital

murder.

A person commits an intentional murder if he/she causes the death of

another person and , in performing the act or acts that cause the death of that

person, he/she intends to kill that person (or another person).

A person commits a burglary in the second degree if he/she knowingly

enters or remains unlawfully in a building with intent to commit a theft or a felony

therein and if , in effecting entry or while in the building or in immediate flight

therefrom, he/she or another participant in the crime is armed with explosives.

[13A-7-6(a)(1)]

To convict, the State must prove beyond a reasonable doubt each of the

following elements of an intentional murder during a burglary in the second degree:

(1) That (name of deceased) is dead;

(2) That the defendant (name of defendant) caused the death of (name of

deceased) by (state the alleged act, e.g., shooting) him/her;

(3) That in committing the act(s) that caused the death of (name of

deceased) the defendant intended to kill the deceased or another

person;

(4) That the defendant knowingly entered or remained unlawfully in a

building;

(5) That, in doing so, the defendant acted with intent to commit a theft or

a felony, namely (name of crime), therein;

(6) That, while in the building or in effecting entry thereto, or in the

immediate flight therefrom, the defendant (or another participant in the

crime) was armed with explosives; (AND)

(7) That the murder took place during the burglary.

A building is any structure that may be entered and utilized by persons for

business, public use, lodging, or the storage of goods, and such term includes any

vehicle, aircraft, or watercraft used for the lodging of persons or for carrying on

business therein. [13A-7-1(1)]

[Read as appropriate] A building includes any railroad box car or other rail

equipment or trailer or tractor-trailer or combination thereof. [13A-7-1(1)]

[Read as appropriate] Where a building consists of two or more units

separately occupied or secure, each shall be deemed both a separate building and

a part of the main building. [13A-7-1(1)]

A person enters or remains unlawfully in or upon premises when he/she is

not licensed, invited, or privileged to do so. [13A-7-1(3)]

[Read as appropriate] A person who, regardless of his /her intent, enters

or remains in or upon premises that are at the time open to the public does so with

license and privilege unless he/she defies a lawful order not to enter or remain,

personally communicated to him /her by the owner of such premises or other

authorized person. A license or privilege to enter or remain in a building that is

partly open to the public is not a license or privilege to enter or remain in that part

of the building that is not open to the public. A person who enters or remains upon

unimproved and apparently unused land, which is neither fenced nor otherwise

enclosed in a manner designed to exclude intruders, does so with license and

privilege unless notice against trespass is personally communicated to him/her by

the owner of such land or other authorized person, or unless such notice is given

by posting in a conspicuous manner. [13A-7-1(3)]

It is alleged that the defendant intended to commit a theft or a felony, namely

(name of crime). [Insert instruction for the theft or felony alleged here.]

Explosives are any chemical compound or mechanical mixture that is

commonly used or intended for the purpose of producing an explosion. It must

contain oxidizing and combustive units or other ingredients in such proportions,

quantities, or packing that an ignition by fi re, by friction, by concussion, by

detonator, or by chemical action of any part of the compound or mixture may cause

a sudden generation of highly heated gases capable of producing destructive

effects on contiguous objects or of destroying life or limb. [13A-7-40(2)]

During means in the course of the commission of or in connection with (or

in immediate flight from) the commission of the burglary. [13A-5-39(2)]

A person acts intentionally with respect to a result or to conduct described

by a statute defining an offense when his/her purpose is to cause that result or to

engage in that conduct. [13A-2-2(1)]

A person acts intentionally when it is his/her purpose to cause the death of

another person. The intent to kill must be real and specific.

A person acts knowingly with respect to conduct or to a circumstance

described by a statute defining an offense when he/she is aware that his/her

conduct is of that nature or that the circumstance exists. [13A-2-2(2)]

If you find from the evidence that the State has proved beyond a reasonable

doubt each of the above elements of the offense of intentional murder during a

burglary in the second degree, as charged, then you shall find the defendant guilty

of capital murder.

If you find that the State has failed to prove beyond a reasonable doubt any

one or more of the elements of the offense of intentional murder during a burglary

in the second degree, then you cannot find the defendant guilty of capital murder.

(If lesser-included offenses are included, the court should instruct on

those offenses at this point.)