OUJI-CR 9-41


A defendant who wishes to testify is a competent witness. The defendant's testimony is to be judged in the same way as that of any other witness.


Statutory Authority: 22 O.S. 1991, § 701.

Committee Comments

The defendant puts his credibility in issue by choosing to take the witness stand, as does every other witness. The jury should be instructed that its obligations include assessing the worth of the defendant's testimony as that of any other witness is gauged. The defendant's testimony may be credited or disbelieved, a determination within the fact-finding capacity of the triers of fact, of which they should be made aware. See, e.g., Clark v. State, 95 Okl. Cr. 119, 239 P.2d 797 (1952); Boggs v. State, 56 Okl. Cr. 119, 34 P.2d 1078 (1934); Gerdner v. State, 39 Okl. Cr. 68, 262 P. 1077 (1928); McNeill v. State, 18 Okl. Cr. 1, 192 P. 256 (1920).

(2000 Supp.)