ID · jury_instructions
ICJI 203
Circumstantial Evidence – “Holder” Instruction Overruled
ICJI 203 CIRCUMSTANTIAL EVIDENCE-"HOLDER" INSTRUCTION OVERRULED
Comment
In State v. Holder, 100 Idaho 129, 594 P.2d 639 (1979), the Court held that when the evidence connecting the defendant to the crime was entirely circumstantial, the trial court must, upon the request of the defendant, give an instruction regarding the sufficiency of circumstantial evidence to sustain a conviction. That instruction, which became known as the "Holder" instruction, should no longer be given. State v. Holder was overruled by State v. Humphreys, 134 Idaho 657, 8 P.3d 652 (2000).
The Holder instruction was as follows:
You cannot find the defendant guilty [of (name of offense(s))] unless the circumstances proved by the evidence are consistent with the theory that the defendant
[is guilty],
[committed] [or] [aided and abetted] [or] [advised and encouraged] [the commission of] [the crime(s) charged] [such crime(s)],
and they cannot be reconciled with any rational theory of the defendant's innocence. If the evidence is susceptible of two reasonable interpretations, one of which points to the defendant's guilt and the other to the defendant's innocence, it is your duty to adopt that interpretation which points to the defendant's innocence, and to reject the other which points to the defendant's guilt. [In addition, each fact which is essential to complete a set of circumstances necessary to establish the defendant's guilt must be proved beyond a reasonable doubt.
[Modified July 2005]
Provenance
- Source
- isc.idaho.gov
- Retrieved
- 2026-08-21
- Edition
- 2026-08-20
- Content hash
4ed547b38f28c38f87470729dc9be59aab7f3cd45082072ee46eb11f76b7c000
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