The state accuses the defendant of having committed the offense of murder.

Relevant Statutes

A person commits the offense of murder if the person intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual.

[Include the following if an instruction on causation is appropriate but no issue of concurrent causation is raised by the facts.]

A person causes the death of another if, but for the person’s conduct, the death of the other would not have occurred.

[Include the following if the facts raise an issue concerning concurrent causation.]

A person causes the death of another if, but for the person’s conduct operating either alone or concurrently with another cause, the death of the other would not have occurred, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the person was clearly insufficient.

Definitions

Intent to Cause Serious Bodily Injury

A person intends to cause serious bodily injury to another if it is the person’s conscious objective or desire to cause the serious bodily injury to another.

Bodily Injury

“Bodily injury” means physical pain, illness, or any impairment of physical condition.

Serious Bodily Injury

“Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, three elements. The elements are that—

1. the defendant, in [county] County, Texas, on or about [date], committed an act clearly dangerous to human life [insert specific allegations, e.g., by stabbing [name] in the neck with a knife]; and
2. the defendant’s act caused the death of [name]; and
3. the defendant intended to cause serious bodily injury.

[Include the following if the jury was instructed in the relevant statutes unit on concurrent causation.]

The state has the burden of proving that the defendant caused the death of [name]. To prove that the defendant caused the death of [name], the state must show, beyond a reasonable doubt, that either—

1. [concurrent cause] did not contribute to causing the death of [name]; or
2. [concurrent cause] was clearly insufficient, by itself, to cause the death of [name]; or
3. the conduct of the defendant was clearly sufficient to cause the death of [name] regardless of [concurrent cause].

[Continue with the following.]

You must all agree on elements 1, 2, and 3 of the offense of murder listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1, 2, and 3 listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the three elements listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]