OUJI-CR 9-2

DIRECT EVIDENCE DEFINED

"Direct evidence" is the testimony of a person who asserts actual, personal knowledge of a fact, such as the testimony of an eyewitness. "Direct evidence" may also be an exhibit such as a photograph which demonstrates the existence of a fact. It is proof which points immediately to a question at issue and which proves the existence of a fact without inference or presumption.

Committee Comments

For similar definitions, see Mayes v. State, 887 P.2d 1288, 1301-02 (Okl. Cr. 1994); Nichols v. State, 418 P.2d 77, 84 (Okl. Cr. 1966).