MURDER IN THE FIRST DEGREE – MORE THAN ONE PERSON

MURDER IN THE FIRST DEGREE – MORE THAN ONE PERSON H.R.S. § 707-701(a) [In Count (count number) of the Indictment/Complaint, the] [The] Defendant, (defendant’s name), is charged with the offense of Murder in the First Degree. A person commits the offense of Murder in the First Degree if he/she intentionally or knowingly causes the death of more than one person in [the same incident] [separate incidents]. There are three material elements of the offense of Murder in the First Degree, each of which the prosecution must prove beyond a reasonable doubt. These three elements are: 1. That, on or about (date) in the [City and] County of (name of county), the Defendant caused the death of more than one person; and 2. That the Defendant intentionally or knowingly caused the death of more than one person; and 3. That the Defendant intended to cause the death of more than one person as part of the same plan in [the same incident] [separate incidents]. Notes H.R.S. §§ 707-701(a), 702-206(1) and (2). Briones v. State, 74 Haw. 442, 848 P.2d 966 (1993). For definition of states of mind, see instructions: If the Defendant is also charged with Murder in the Second Degree with respect to the same circumstances, the jury must be instructed that a guilty verdict of Murder in the First Degree precludes a guilty verdict of Murder in the Second Degree, and vica versa. Briones v. State, supra.