SEQ CHAPTER \h \r 1CR40-141 05/05/06
POSSESSION OF COCAINE (1 LB. OR MORE), 18 V.S.A. § 4231(a)(3)
The State has charged (Def)_______________ with possession of cocaine, in an amount consisting of 1 pound or more, as follows:
[Read the charge.]
Every crime is made up of essential elements. Before (Def)_______________ can be found guilty of the charge, the State must have proven each of the essential elements beyond a reasonable doubt. In this case, the essential elements are that on the date and at the place alleged,
(2) possessed cocaine, in an amount consisting of 1 pound or more of one or more [preparations] [compounds] [mixtures] [substances] containing cocaine; and
(3) [he] [she] did so knowingly and unlawfully.
The first essential element is that (Def)_______________ is the person who committed the alleged acts.
The second essential element is that (Def)_______________ possessed cocaine, in an amount consisting of 1 pound or more of one or more [preparations] [compounds] [mixtures] [substances] containing cocaine. A person possesses cocaine if he or she knowingly has direct physical control over it. In addition, a person possesses cocaine if he or she knowingly has the power and intent to exercise dominion or control over it, either directly or through another person. It does not matter whether the person possesses the cocaine by himself or herself, or jointly with someone else.
The term cocaine means coca leaves except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives of ecgonine or their salts have been removed; cocaine, its salts, optical and geometric isomers, and salts of isomers; ecgonine, its derivatives, their salts, isomers, and salts of isomers; or any compound, mixture, or preparation which contains any quantity of cocaine.
The last essential element is that (Def)_______________ possessed the cocaine knowingly and unlawfully. The word knowingly means that (Def)_______________ possessed the cocaine voluntarily and consciously, and not inadvertently, because of mistake, or by accident. The word unlawfully means that (Def)_______________ deliberately did something which the law forbids. In determining whether (Def)_______________ possessed cocaine knowingly and unlawfully, you should consider all of the surrounding facts and circumstances.
All of the elements of the offense must have been present at the same time. If the State has not proven each of the essential elements of the charge beyond a reasonable doubt, then you must find (Def)_______________ not guilty. However, if the State has proven all of the essential elements beyond a reasonable doubt, you must return a verdict of guilty.