IDJI 121

INSTRUCTION NO. ________

        The law does not, however, require you to accept all of the evidence which has been admitted. In determining what evidence you will accept, you must make your own evaluation of the evidence and determine the degree of weight you choose to give to that evidence.

        The testimony of a witness may fail to conform to the facts as they occurred because he is intentionally telling a falsehood, or because he did not accurately see or hear that about which he testifies, or because his recollection of the event is faulty, or because he has not expressed himself clearly in giving his testimony. There is no magical formula by which one may evaluate testimony. You bring with you to this courtroom all of the experience and background of your lives. In your everyday affairs you determine for yourselves the reliability or unreliability of statements made to you by others. The same considerations that you use in your everyday dealings are the considerations which you apply in your deliberations.

        The interest or lack of interest of any witness in the outcome of this case; the bias or prejudice of a witness, if there be any; the age, the appearance, the manner in which the witness gives his testimony on the stand; the opportunity that the witness had to observe the facts concerning which he testifies; the probability or improbability of the witness's testimony when viewed in the light of all of the other evidence in the case; the contradiction, if any, of a witness's testimony by other evidence; statements, if any, made by the witness at other times inconsistent with his present testimony; are all items to be taken into your consideration in determining the weight, if any, you will assign to that witness's testimony.

        These considerations are among those which may or may not make it appear that there is a discrepancy in the evidence. You may consider whether the apparent discrepancy can be reconciled by fitting the two stories together. If, however, that is not possible, you will then have to determine which of the conflicting versions you will accept.

IDJI 121.

REFUSED ____________

MODIFIED ___________

COVERED ____________

OTHER ______________