T.P.I. -- CRIM. 2.07

RESTATEMENT OF CRIME CHARGED

            [As previously stated, the defendant is charged in the indictment with the

 crime of ________________.]

                  (name offense)

            [As previously stated, the defendant is charged in count ______ of the indictment with the crime of  _________________, and in count ______ with the

                                                    (name offense)

crime of _________________.¹  You are charged that the defendant, if convicted

                 (name offense)

at all, can be convicted on only one (1) count of the indictment.]

FOOTNOTES

1.  If the indictment consists of more than two counts, additional language

     should be inserted to cover such counts.

COMMENTS

            1.  Paragraph 1 or paragraph 2 should be used as a lead-in to the instruction on the law applicable to the specific crime or crimes with which the defendant is charged.  Paragraph 2 would only be applicable where the defendant is charged with offenses in different counts but the offenses are such that a conviction, if at all, can only be on one count.