SEQ CHAPTER \h \r 1CR05-611 07/09/07

IDENTIFICATION (signature evidence; see State v. Bruyette)

The first essential element is the identify of (Def)_______________ as the person who committed the alleged acts.  Identification may be made through the perception of any of the witnesses’ senses, such as sight, sound, smell, and touch.

There has been evidence received during the trial that (Def)_______________ engaged in other conduct which was asserted to be similar in nature to the conduct charged.  If you find that (Def)_______________ engaged in that other conduct, and if you find that the other conduct was sufficiently similar to the conduct charged, then you may infer that [he] [she] is the person who committed the acts charged in this case, but you are not required to draw any inference.

However, you should consider the evidence of the other conduct only on the issue of the identity of the person who (specific acts)_______________.  You may not consider it for any other purpose.