T.P.I. -- CRIM. 42.13(a)

ALTERNATIVE INSTRUCTION:  ALIBI

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

            An alibi is defined as evidence which establishes 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

            The weight to be given alibi evidence is a question for the jury to decide considering all the facts and circumstances of the case.

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