Conn. Crim. Jury Instr. 5.1-1

The defendant is charged [in count__] with murder. The statute defining this offense reads in

pertinent part as follows:

a person is guilty of murder when, with intent to cause the death of another person,

(he/she) causes the death of such person or of a third person.

For you to find the defendant guilty of this charge, the state must prove the following elements

beyond a reasonable doubt:

Element 1 - Intent to cause death

The first element is that the defendant specifically intended to cause the death of another person.

There is no particular length of time necessary for the defendant to have formed the specific

intent to kill. A person acts “intentionally” with respect to a result when (his/her) conscious

objective is to cause such result. <See Intent: Specific, Instruction 2.3-1.>

The intent to cause death may be inferred from circumstantial evidence. <See Evidence of Intent,

Instruction 2.3-2.>

The type and number of wounds inflicted, as well as the instrument used, may be considered as

evidence of the perpetrator’s intent, and from such evidence an inference may be drawn that

there was intent to cause a death. Any inference that may be drawn from the nature of the

instrumentality used and the manner of its use is an inference of fact to be drawn by you upon

consideration of these and other circumstances in the case in accordance with my previous

instructions.

2 [<Insert if warranted by evidence:> Declarations and conduct of the accused

before or after the infliction of wounds may be considered if you find they tend to show the

defendant’s intent.] This inference is not a necessary one; that is, you are not required to infer

intent from the defendant’s alleged conduct, but it is an inference you may draw if you find it is

reasonable and logical and in accordance with my instructions on circumstantial evidence.

Element 2 - Caused death

The second element is that the defendant, acting with the intent to cause the death of another

person, caused the death of <insert name of decedent>.

[<If transferred intent is applicable:> It is not necessary for a conviction of murder that the state

prove that the defendant intended to kill the person whom (he/she) did in fact kill. It is sufficient

if the state proves that, acting with the intent to kill a person, (he/she) in fact killed a person.]

This means that the defendant’s conduct was the proximate cause of the decedent’s death. You

must find it proved beyond a reasonable doubt that <insert name of decedent> died as a result of

the actions of the defendant. <See Proximate Cause, Instruction 2.6-1.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) the defendant intended to

cause the death of another person, and 2) in accordance with that intent, the defendant caused the

death of <insert name of decedent>.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements

of the crime of murder, then you shall find the defendant guilty. On the other hand, if you

unanimously find that the state has failed to prove beyond a reasonable doubt any of the

elements, you shall then find the defendant not guilty.

1 The language “or of a third person” “specifically provides for intent to be transferred from the

target of the defendant’s conduct to an unintended victim.” State v. Hinton, 227 Conn. 301, 316

(1993).

2 DO NOT instruct jurors “that one who uses a deadly weapon on the vital part of another ‘will

be deemed to have intended’ the probable result of that act and that from such a circumstance the

intent to kill properly may be inferred.” State v. Aponte, 259 Conn. 512, 522 (2002). See also

State v. LaSalle, 95 Conn. App. 263, 273-77 (reviewing court’s instructions on inference of

intent), cert. denied, 279 Conn. 908 (2006).