Wyoming Criminal Pattern Jury Instructions – Full Text
1. GENERAL PROVISIONS AND DEFENSES
Part 6. EVIDENCE AND GUIDELINES FOR ITS CONSIDERATION
Section 6.06. EFFORTS BY DEFENDANT TO ALTER EVIDENCE
If you find that the defendant attempted [to persuade a witness to testify falsely] [to bribe a witness] [to intimidate a witness] [to suppress evidence] [to fabricate evidence] [to deliberately conceal or destroy evidence] [ _____________________ ], then you may consider that fact in determining the question whether the defendant is guilty or not guilty.
Cite as WCPJI (Criminal) 6.06
Source:
* WPJIC 2.201 (1978), as modified.
Note:
Use Note (2009):
Choose appropriate bracketed language to state what the defendant did to alter the evidence. This instruction may be given when there is evidence that the defendant fabricated evidence or attempted to persuade a witness to testify falsely. When there are mu ltip le defendants an d there is evidence that less than all o f the defendants attempted to persuade a witness to testify falsely or attempted to manufacture evidence, the following words could be added to this instruction: The inference, if any, drawn fro m an attempt to persuade a witness to testify falsely o r an attempt to fabricate evidence only applies to the person[s] who made the attempt. In your deliberations, you are not to consider any inference as evidence relating to the other defendant[s]. The Wyoming Supreme Court approved an instruction of this type in State v. Hines, 79 Wyo. 65, 331 P.2d 605, 610 (1958).
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