WPI 21.08 Burden of Proof on the Issues—Felony Defense
6 WAPRAC WPI 21.08Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 21.08 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part III. Issues—Burden of Proof
Chapter 21. Burden of Proof
WPI 21.08 Burden of Proof on the Issues—Felony Defense
To establish the defense that the [person injured] [person killed] was engaged in the commission of a felony, the defendant has the burden of proving each of the following propositions:
First, that the [person injured] [person killed] was engaged in committing the felony of(fill in felony)at the time of the occurrence causing the [injury] [death]; and
Second, that this felony was a proximate cause of the [injury] [death].
If you find from your consideration of all the evidence that each of these propositions has been proved, your verdict should be for the defendant.
NOTE ON USE
Use this instruction with WPI 16.01 (Felony—Defense) and WPI 16.02 (Felony—Elements).
Jurors may find it helpful if the instruction uses a person's name rather than “person injured” or “person killed.”
Use bracketed material as applicable.
COMMENT
RCW 4.24.420.
[Current as of September 2018.]
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