Cited by

See, e.g., State v. Wentworth, 118 N.H. 832, 838-39 (1978) (establishing a model jury instruction regarding the reasonable doubt standard and cautioning “trial judges to avoid attempts at further defining reasonable doubt”); State v. Aubert, 120 N.H. 634, 635-38 (1980) (concluding that the trial court’s reasonable doubt charge, which added language to the charge set forth in Wentworth, was “improper,” and requesting “that trial judges not add to the model charge” established in Wentworth); State

Whereas “[a] requested charge on a party’s theory of defense must be given if such theory is supported by some evidence,” State v. Aubert, 120 N.H. 634, 635 (1980) (emphasis added), whether to instruct the jury about the defendant’s theory of the case “is an issue reserved to the trial court’s sound discretion.” Evans, 150 N.H. at 422.

Victor, 511 U.S. at 15; State v. Aubert, 120 N.H. 634, 637 (1980) (citing Jackson v. Virginia, 443 U.S. 307, 315 (1979)).

The defendant is correct that consent is a theory of defense under our Criminal Code, see RSA 626:6 (1996), and that a requested jury instruction on a defendant’s theory of defense must be given if it is supported by some evidence, see State v. Aubert, 120 N.H. 634, 635 (1980).

We have held that a defendant’s requested jury instruction on an accident defense must be granted, however, if there is some evidence to support a rational finding in favor of that defense.

The defendant is entitled to a jury charge on his theory of defense if it is supported by “some evidence.” State v. Aubert, 120 N.H. 634, 635, 421 A.2d 124, 125 (1980).

State v. Hast, 133 N.H. 747, 749, 584 A.2d 175, 176 (1990); State v. Aubert, 120 N.H. 634, 635, 421 A.2d 124, 125 (1980).

“A requested charge on a party’s theory of defense must be given if such theory is supported by some evidence,” State v. Guaraldi, 124 N.H. 93, 97, 467 A.2d 233, 235 (1983) (quoting State v. Aubert, 120 N.H. 634, 635, 421 A.2d 124, 125 (1980)), but reversal of a jury verdict is unwarranted when a jury charge “fairly covers the issues and law of a case,” State v. Bird, 122 N.H. 10, 15, 440 A.2d 441, 443 (1982).

A requested instruction on a party’s theory of defense “must be given if such theory is supported by some evidence,” and “[r]efusal to charge on that defense is reversible error.” State v. Aubert, 120 N.H. 634, 635, 421 A.2d 124, 125 (1980).

The trial court must grant a defendant’s requested jury instruction on a specific defense if there is some evidence to support a rational finding in favor of that defense, State v. Aubert, 120 N.H. 634, 635, 421 A.2d 124, 125 (1980); State v. Caldrain, 115 N.H. 390, 392, 342 A.2d 628, 629 (1975), but the court has no obligation to use the specific language a party requests, so long as the law is adequately stated, State v. Saucier, 128 N.H. 291, 299, 512 A.2d 1120, 1126 (1986).

ect and circumstantial, in order to decide whether the State has proven the defendant guilty beyond a reasonable doubt, including any evidence of flight or other efforts by Claude Mathieu and Roger Asselin to avoid contact with the police or prosecuting authorities.” The trial judge’s denial of each request is claimed to have been an erroneous refusal to instruct the jury on the theory of defense.

The first conviction was reversed by this court due to *395 faulty jury instructions.

That conviction was subsequently overturned by this court, in part because the trial court had not properly instructed the jury concerning the defendant’s claim that the shooting was accidental.

“A requested charge on a party’s theory of defense must be given if such theory is supported by some evidence.” State v. Aubert, 120 N.H. 634, 635, 421 A.2d 124, 125 (1980).

This principle applies to the defense of accident as well as to other defenses.” State v. Aubert, 120 N.H. 634, 635, 421 A.2d 124, 125 (1980) (citations omitted).

At the outset, we note that this case is not one in which the defendant is entitled to a jury instruction on his or her theory of defense.

In State v. Aubert, 120 N.H. 634, 421 A.2d 124 (1980), we held that: “A requested charge on a party’s theory of defense must be given if such theory is supported by some evidence.” Id.

See, e.g., State v. Langdon, 121 N.H. 1065, 1067-68, 438 A.2d 299, 300 (1981); State v. Aubert, 120 N.H. 634, 638, 421 A.2d 124, 127 (1980).

The defendant argues that because the trial court used the same reasonable doubt instruction that we held to be reversible error in State v. Aubert, 120 N.H. 634, 635-38, 421 A.2d 124, 126-27 (1980), its use in this case constituted reversible error.

Failure To Grant Requested Instruction In his last argument, the defendant asserts that the trial court erred when it failed to give his requested instruction to the jury, that a reasonable doubt may arise not only from the evidence produced, but also from a “lack of evidence.” The defendant relies on this court’s decision in State v. Aubert, 120 N.H. 634, 421 A.2d 124 (1980).

Therefore, we strongly reemphasize our previous position that trial judges should refrain from altering the Wentworth charge.