T.P.I. -- CRIM. 42.13

ALIBI

            The defendant has presented evidence of an alibi in this case.¹

            An alibi is defined as evidence which, if believed, would establish that the defendant was not present at the scene of the alleged crime when it allegedly occurred.  If the defendant was not present when the crime was committed, [he] [she] cannot be guilty.²

            The burden is on the state to prove beyond a reasonable doubt that the defendant was at the scene of the crime when it was committed.  If you find from your consideration of all the evidence that the state has failed to prove beyond a reasonable doubt that the defendant was at the scene of the crime when it was committed, you must find the defendant not guilty.³

FOOTNOTES

  1.  Poe v. State, 212 Tenn. 413, 370 S.W.2d 488 (1963).

  2.  Christian v. State, 555 S.W.2d 863 (Tenn. 1977).

  3.  Id.

COMMENTS

            1.  The trial judge is required to give the jury instructions on alibi when the defense is fairly raised by the evidence.  The defendant need not request the instruction for alibi.  Poe v. State, 212 Tenn. 413, 370 S.W.2d 488 (1963).

            2.  Alibi is not to be treated as an affirmative defense, but rather as a type of evidence which the jury shall consider.  Christian v. State, 555 S.W.2d 863 (Tenn. 1977).