N.C.P.I.—Crim. 105.21

NOTE WELL: This instruction is ONLY proper where the

defendant's statements and/or trial testimony is

contradictory to highly relevant facts proven at trial.

HOWEVER, this instruction should NOT be used if the

statements are completely irrelevant and without

substantial probative force in tending to show a

consciousness of guilt. EXTREME care should be used

in first degree murder cases as such evidence may not

be considered as tending to show premeditation and

deliberation.2 EXTREME care should also be taken to

insure that the defendant's fifth amendment right to

remain silent is not used against the defendant.3

The State contends (and the defendant denies) that the defendant

made false, contradictory, or conflicting statements. If you find that the

defendant made such statements, they may be considered by you as a

circumstance tending to reflect the mental process of a person possessed

of a guilty conscience, seeking to divert suspicion or to exculpate the

person, and you should consider that evidence, along with all the other

believable evidence in this case. However, if you find that the defendant

made such statements, they do not create a presumption of guilt, and

such evidence standing alone is not sufficient to establish guilt. (Such

evidence may not be considered as tending to show premeditation and

deliberation.)