Committee Comments

This introductory instruction is appropriate for use with each degree or type of criminal homicide defined by Chapter 24 of Title 21, including the particular types of manslaughter described in sections 712, 713, and 714, and the crime of negligent homicide by a vehicle defined by section 11-903 of Title 47. It merely informs the jury of the crime with which the defendant has been charged and does not specify the basic facts alleged in the information or indictment. The Commission adopted the viewpoint that including details set forth in the indictment or information regarding the means employed to effect death or the place at which the slaying occurred would further no purpose and might serve to confuse the jurors. The name of the victim is included for purposes of convenience. Ordinarily, the victim will be an identified person; however, where proving the identity of the deceased may be difficult, the information can charge the identity as "John Doe" or "Jane Doe."

The instruction specifies only the crime with which the defendant is actually charged and does not name any lesser included offenses upon which the proof adduced in a particular case may warrant an instruction.