1985 NDJI-CRIMINAL 2113

MOTIVE

Proof of a motive for commission of a crime is permissible and often valuable, but never essential. If, after a consideration and comparison of all the evidence, you feel an abiding conviction to a moral certainty that the Defendant committed the crime of which he is accused, the motive for it's commission becomes unimportant. Evidence of motive is sometimes of assistance in removing doubt and completing proof that otherwise might be unsatisfactory. Motive may be shown by direct evidence or by facts supporting a reasonable inference. If thus proved, motive becomes nothing more than a circumstance to be considered by you. The absence of motive is a circumstance tending to support the presumption of innocence, and should be given such weight and credibility as you think it deserves.

State v. Mozinski, 49 N.D. 228, 191 N.W. 345 (1922)

State v. Potter, 60 N.D. 183, 233 N.W. 650 (1930)

Cal. J.I.C. 35

23A C.J.S., Criminal Law, Sec. 1198