|ICJI 1204 BATTERY
In order for the defendant to be guilty of Battery, the state must prove each of the following:
1. On or about [date]
2. in the state of Idaho
3. the defendant [name] committed a battery,
4. upon [name of victim]
[5. by (description of conduct alleged in the charging document)].
If any of the above has not been proven beyond a reasonable doubt, you must find the defendant not guilty. If each of the above has been proven beyond a reasonable doubt, then you must find the defendant guilty.
I.C. § 18–903.
The charging document apprises the defendant in general terms of the manner in which he is alleged to have committed the crime charged. If there is evidence of other uncharged conduct by the defendant which could also fit within the statutory definition of the crime charged and if the jury is merely instructed regarding the statutory definition of the crime, the defendant may be denied due process by being convicted for a crime different from that charged. State v. Sherrod, 131 Idaho 56, 951 P.2d 1283 (Ct. App. 1998). Therefore, in that circumstance the jury instruction should include, in general terms, the description of the conduct alleged in the charging document to constitute the crime charged.