Ala. Pattern Jury Instr. (Criminal) IDENTITY

Identity

One of the issues in this case is the identification of the Defendant as the

perpetrator of the crime(s) charged in the indictment(s).

The State has the burden of proving the identity of the Defendant as the perpetrator

beyond a reasonable doubt. Identification testimony is an expression of belief on the part

of the witness. Its value depends on num erous factors. It is not essential that a witness

be free from doubt as to the correctness of his/her identification. However, you, the jury,

must be convinced beyond a reasonable doubt of the accuracy of the identification of the

Defendant as the perpetra tor, before you may convict him/her. If you are not convinced

beyond a reasonable doubt that the Defendant was the person who committed the

crime(s), you must find him/her not guilty.

In evaluating the identification testimony of a witness, you should co nsider all of

the factors concerning your assessment of the credibility of any witness in general, and

should also consider whether the witness had an adequate opportunity to observe the

person in question at the time about which the witness testified. You may consider all

matters, including the length of time the witness had to observe the person in question,

the prevailing conditions at that time in terms of visibility or distance and the like, and

whether the witness had known or observed the person at an earlier time.

You may also consider the circumstances surrounding the identification itself

including, for example, the manner in which the defendant was presented to the witness

for identification, and the length of time that elapsed between the incident in question and

the next opportunity the witness had to observe the defendant.

If, after examining all of the testimony and evidence in the case, you find that the

State has proved beyond a reasonable doubt each of the elements of the crime including

that the Defendant committed it, then you shall find the defendant guilty.

If, after examining all of the testimony and evidence in the case, you have a

reasonable doubt as to the identity of the defendant as the perpetrator of the offense

charged, you must find the defendant not guilty.