CR09-021                   12/13/10

ALIBI

            Evidence has been introduced tending to show that (Def)_______________ was not present at the time and place where the State alleges [he] [she] committed the offense.  If, after considering all of the evidence, you have a reasonable doubt that (Def)_______________ was present at the time and place where it is alleged the offense was committed, then you must find [him] [her] not guilty.  The State bears the burden of proving that (Def)_______________ was present at the time and place where the State alleges [he] [she] committed the offense.

[If you find beyond a reasonable doubt that the alibi is fictitious or false, and that (Def)_______________ was in fact at the place when and where the crime was committed, then you may consider whether [his] [her] attempt to establish a fictitious alibi is evidence of guilt to be considered along with all the other evidence in this case.]