WPIC 4.68.01 Changed Instruction of Law
11 WAPRAC WPIC 4.68.01Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 4.68.01 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part I. General Instructions
WPIC CHAPTER 4.60. Miscellaneous Instructions During Trial
WPIC 4.68.01 Changed Instruction of Law
I am withdrawing instruction number , which I gave you earlier. This means that you are not to consider that instruction for any reason. The bailiff will remove [all copies of] it from the jury room. If you have formed any opinion or conclusion based on the withdrawn instruction, you must reconsider the issues before you without regard to the withdrawn instruction. Instead of instruction number , I am giving you the following corrected instruction to replace it in your deliberations:
(Insert text of new instruction.)
Consider the instruction that I just gave you along with all of the other instructions that I have given you. Do not attach special importance to the fact that this instruction was substituted for the previous one or that it was read separately to you.
You will now return to the jury room to continue your deliberations.
NOTE ON USE
Counsel should be consulted and given an opportunity to respond before the court gives this instruction. If an instruction is withdrawn and no substitute instruction is given, this instruction must be modified accordingly.
COMMENT
The opinion in Stanley v. Allen, 27 Wn.2d 770, 180 P.2d 90 (1947), contains an example of a change by interlineation upon recall of the jury to the courtroom. For an example of correcting a verdict form that inadvertently recited the wrong crime, see State v. Badda, 68 Wn.2d 50, 411 P.2d 411 (1966).
For a discussion of applicable procedures, see the Comment to WPIC 4.68 (Additional Instructions of Law).
[Current as of May 2019.]
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