CALCRIM No. 104

Y ou must decide what the facts are in this case. Y ou must use only the

evidence that is presented in the courtroom [or during a jury view].

“Evidence” is the sworn testimony of witnesses, the exhibits admitted

into evidence, and anything else I tell you to consider as evidence. The

fact that the defendant was arrested, charged with a crime, or brought

to trial is not evidence of guilt.

Nothing that the attorneys say is evidence. In their opening statements

and closing arguments, the attorneys will discuss the case, but their

remarks are not evidence. Their questions are not evidence. Only the

witnesses’ answers are evidence. The attorneys’ questions are significant

only if they help you understand the witnesses’ answers. Do not assume

that something is true just because one of the attorneys asks a question

that suggests it is true.

During the trial, the attorneys may object to questions asked of a

witness. I will rule on the objections according to the law. If I sustain an

objection, the witness will not be permitted to answer, and you must

ignore the question. If the witness does not answer, do not guess what

the answer might have been or why I ruled as I did. If I order testimony

stricken from the record, you must disregard it and must not consider

that testimony for any purpose.

Y ou must disregard anything you see or hear when the court is not in

session, even if it is done or said by one of the parties or witnesses.

The court [reporter] has made a (record/recording) of everything that

was said during the trial. If you decide that it is necessary, you may ask

that the (court reporter’s record be read to/court’s recording be played

for) you. Y ou must accept the (court reporter’s record/court’s recording)

as accurate.

New January 2006; Revised April 2008, August 2009, March 2019