OUJI-CR 8-57


Evidence has been introduced in this case that the defendant was at another and different place at the time of the commission of the crime charged. The law is that such a defense is proper and legitimate and you should consider all of the evidence bearing thereon, whether introduced by the State or the defendant, and if, after careful consideration of all of the evidence in the case, you have a reasonable doubt as to whether the defendant was present at the time and place where the crime was committed, if it was committed, then you must find the defendant not guilty.

Notes on Use

This instruction is required only if the defendant requests it. Novey v. State, 709 P.2d 696, 698 (Okl. Cr. 1985).

Committee Comments

This instruction is similar to one that the Court of Criminal Appeals approved in Novey v. State, 709 P.2d 696, 697-98 (Okl. Cr. 1985); Cortez v. State, 415 P.2d 196, 201 (Okl. Cr. 1966); and Stuart v. State, 35 Okl. Cr. 103, 112, 249 P. 159, 162 (1926). It omits the use of the word "alibi" in order to make it easier for jurors to understand.