408.06 	ALIBI (Only if Requested by the Defendant)
	One of the issues (under Count _____) (in this case) is whether the defendant was present at [Briefly describe place where the evidence shows the offense was committed, and state date and time as submitted in the verdict directing instruction.]).  On that issue, you are instructed as follows:
	1. The state has the burden of proving beyond a reasonable doubt that the defendant was present at the time and place the offense is alleged to have been committed.
	2. If the defendant was (in) (at) [State place where it is claimed that the defendant was.] at [State date and time as submitted in the verdict directing instruction.], or if you do not find and believe from the evidence beyond a reasonable doubt that the defendant was present at [Briefly describe place where the evidence shows the offense was committed, and state date and time as submitted in the verdict directing instruction.], then you must find the defendant not guilty (under Count _____).

Notes on Use
	1.	This is a revision of MAI-CR 3d 308.06 (1-1-87).  This revision is to the Notes on Use only.
	2.	This instruction will be given only if requested by the defendant.  The defendant may request MAI-CR 4th 408.04 in lieu of this instruction.
	3.	If this instruction is given, no cross-reference will be made to it in the verdict director.  
	4.	Where the evidence is sufficient to support the giving of an alibi instruction, the date, time, and place must be stated with sufficient detail in the verdict directing instruction to contravene the alibi evidence.  See Notes on Use 4 and 5 to MAI-CR 4th 404.02.
	5.	The difference between this instruction and MAI-CR 4th 408.04 is the first part of paragraph 2.  This instruction would be reversible error if given without a specific request for it from the defendant, since the first half of paragraph 2 may be construed as placing the burden of proving the defense on the defendant. State v. Taylor, 118 Mo. 153, 24 S.W. 449 (1893).
	However, a defendant may wish to ignore the burden of proof implicit in an affirmative type of submission.  He may wish to request this instruction so as to submit in a positive way that he was, for example, in Kansas City and not in St. Louis where the offense was committed, rather than having the jury be told in a negative manner that it cannot convict unless it finds that he was in St. Louis. Compare MAI-CR 4th 408.02.