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Criminal Jury Instructions

Criminal Jury Instructions Home

10.9-3  Unlawfully Concealing a Will -- § 53a-131

Revised to December 1, 2007

The defendant is charged [in count __] with unlawfully concealing a will.  The statute defining this offense reads in pertinent part as follows: 

a person is guilty of unlawfully concealing a will when, with intent to defraud, (he/she) conceals, secrets, suppresses, mutilates or destroys a will, codicil or other testamentary instrument.

For you to find the defendant guilty of this charge, the state must prove the following elements beyond a reasonable doubt:

Element 1 - Existence of a will
The first element is that there was a will, codicil or other testamentary instrument.  A will is an instrument by which one disposes of (his/her) property, to take effect at (his/her) death.  <Describe the alleged document.>

Element 2 - Concealed the will
The second element is that the defendant concealed, secreted, suppressed or mutilated the <identify document>.

Element 3 - Intent
The third element is that the defendant acted with the intent to defraud.  <See Intent to Defraud, Instruction 2.3-6.>

Conclusion

In summary, the state must prove beyond a reasonable doubt that 1) a will, codicil or other testamentary instrument existed, 2) the defendant <insert specific allegations>, and 3) (he/she) did so with the intent to defraud.

If you unanimously find that the state has proved beyond a reasonable doubt each of the elements of the crime of unlawfully concealing a will, then you shall find the defendant guilty.  On the other hand, if you unanimously find that the state has failed to prove beyond a reasonable doubt any of the elements, you shall then find the defendant not guilty.
 


 

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