OJI-CR 417.29  Preponderance of the evidence R.C. 2901.05(A)


2. DEFINED.  Preponderance of the evidence is the greater weight of the evidence; that is, evidence that you believe because it outweighs or overbalances in your minds the evidence opposed to it.

3. ADDITIONAL.  A preponderance means evidence that is more probably, more persuasive, or of greater probative value.  It is the quality of the evidence that must be weighed.  Quality may or may not be identical with (quantity) (the greater number of witnesses).

4. CONSIDER ALL EVIDENCE.  In determining whether or not an (issue) (affirmative defense) has been proved by a preponderance of the evidence, you should consider all the evidence bearing upon that (issue) (affirmative defense) regardless of who produced it.

5. EQUALLY BALANCED.  If the weight of the evidence is equally balanced or if you are unable to determine which side of an (issue) (affirmative) defense has the preponderance, then the defendant has not established such (issue) (affirmative defense).

6. EFFECT OF FAILURE.  If the defendant fails to establish the defense of ________, the state still must prove to you beyond a reasonable doubt all of the elements of the crime charged (or any lesser included offense).