Ala. Pattern Jury Instr. (Criminal) 13A-6-2(A)(1)

Murder

(Intentional)

The defendant is charged with murder.

A person commits the crime of murder if, with intent to cause the death of

another person, he/she causes the death of that person or of another person.

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

following elements:

(1) A person, [insert name of deceased], is dead;

(2) The defendant caused the death of [insert name of deceased] by

[describe the act, such as shooting him/her]; (AND)

(3) The defendant did so intentionally.

[Read as appropriate] : A person, when referring to the victim, means a human

being, including an unborn child in utero at any stage of development, regardless of

viability. [13A-6-1(a)(3)]

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

person. [13A-2-2(1)]

[Read as appropriate - Transferred Intent]: A person acts intentionally when it

is his/her purpose to cause the death of a specific person, regardles s of whether the

deceased person is actually the person whose death the defen dant allegedly wished to

cause. See Ex parte Jackson, 614 So. 2d 405, 406-407 (Ala. 1993); Farrior v. State, 728

So. 2d 691, 695-696 (Ala. Crim. App. 1998).

[Read all appropriate - Intoxication]: A person who creates a risk, but is unaware

that he/she has created that risk solely because of voluntary intoxication, acts recklessly

with regards to that risk. Intoxication includes a disturbance of mental or physical

capacities result ing from the introduction of any substance into the body. Voluntary

intoxication means intoxication caused by substances that the actor knowingly introduced

into his/her body, the tendency of which to cause intoxication he/she knows or ought to

know, unless he/she introduces them under circumstances that would a fford a defense

to the charge. Intoxication in itself does not consti tute mental disease or defect.

Intoxication is generally not a defense. However, involuntary intoxication is a defense if

as a result the actor lacks capacity either to appreciate the criminality of his/her conduct

or to conform his/her conduct to the requirements of law. Intoxication, whether voluntary

or involuntary, is admissible in evidence whenever it is relevant to negate an el ement of

the offense charged. When recklessness establishes an element of an offense and the

actor is unaware of a risk because of voluntary intoxication , his/her unawareness is

immaterial in a prosecution for that offense. [13A-3-2]

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

each of the elements of murder, then you shall find the defendant guilty of murder.

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

or more of the elements of murder, then you cannot find the defendant guilty of murder.

[If lesser-included offenses are included, the Court should instruct on

those offenses at this point.]