TITLE 19

CRIMINAL PROCEDURE

CHAPTER 21

TRIAL

19-2132.  Instructions to jury — Requests — Instructions on included offenses. (a) In charging the jury, the court must state to them all matters of law necessary for their information. Either party may present to the court any written charge and request that it be given. If the court thinks it correct and pertinent, it must be given; if not, it must be refused. Upon each charge presented and given or refused, the court must indorse and sign its decision. If part be given and part refused, the court must distinguish, showing by the indorsement what part of the charge was given and what part refused.

(b)  The court shall instruct the jury with respect to a lesser included offense if:

(1)  Either party requests such an instruction; and

(2)  There is a reasonable view of the evidence presented in the case that would support a finding that the defendant committed such lesser included offense but did not commit the greater offense.

(c)  If a lesser included offense is submitted to the jury for consideration, the court shall instruct the jury that it may not consider the lesser included offense unless it has first considered each of the greater offenses within which it is included, and has concluded in its deliberations that the defendant is not guilty of each of such greater offenses.

History:

[(19-2132) Cr. Prac. 1864, secs. 385-387, p. 259; R.S., R.C., & C.L., sec. 7886; C.S., sec. 8972; I.C.A., sec. 19-2032; am. 1977, ch. 154, sec. 7, p. 394; am. 1988, ch. 327, sec. 1, p. 989.]