West Virginia Homicide Jury Instructions Project Professor James R. Elkins & Students at the West Virginia University College of Law [Spring][2006]




Use of a Deadly Weapon

Standard Jury Instruction Instruction: The Court instructs the jury that the term "deadly weapon" means an instrument that is designed to be used to produce serious bodily injury or death, or is readily adaptable to such use.

Proposed Jury Instruction: Intent to kill [or intent to cause grievous bodily harm] can be inferred from a person’s use of a deadly weapon under circumstances where you believe that person had no excuse, justification or provocation for [his] [her] use of the weapon.

A deadly weapon means an instrument or object that is designed to be used, or is readily adaptable for use, to produce serious bodily injury or death.