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be N Ww ws Oo OY ~] oO WO Ww a OY 20 21 22 23 24 25 Case 1:20-cr-00330-PAE Document 767 Filed 08/10/22 Page 231 of 257 3065 LCKCmax9 Charge any such time periods. As long as the conduct occurred around any dates or within any time periods the indictment alleges it occurred, that is sufficient. Instruction No. 42: Direct and Circumstantial Evidence. turn now to some general instructions. There are two types of evidence that you may use in reaching your verdict. One type of evidence is direct evidence. One kind of direct evidence is a witness's testimony about something that the witness knows by virtue of his or her own senses, something that the witness has seen, smelled, touched, or heard. Direct evidence may also be in the form of an exhibit. The other type of evidence is circumstantial evidence. Circumstantial evidence is evidence that tends to prove one fact by proof of other facts. There a simple example of circumstantial evidence, it's often used in the courthouse. Assume that when you came into the courthouse this morning, the sun was shining and it was a nice day. Assume that there are blinds on the courtroom windows that are drawn and you can't look outside. As you're Sitting here, someone walks in with an umbrella that's dripping wet. Someon lse then walks in with a raincoat that's also dripping wet. Now you can't look outside to courtroom and you can't see whether or not it's raining, so you have no direct SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00014631