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.]
Structure Idaho Code
Section 19-2101 - ORDER OF TRIAL.
Section 19-2102 - WHEN ORDER MAY BE DEPARTED FROM.
Section 19-2103 - ARGUMENT TO JURY.
Section 19-2104 - PRESUMPTION OF INNOCENCE — REASONABLE DOUBT.
Section 19-2105 - DOUBT AS TO DEGREE OF CRIME.
Section 19-2106 - TRIAL OF JOINT DEFENDANTS.
Section 19-2107 - DISCHARGE OF CODEFENDANT FOR USE AS WITNESS.
Section 19-2108 - DISCHARGE OF DEFENDANT TO TESTIFY FOR CODEFENDANTS.
Section 19-2109 - DISCHARGE EQUIVALENT TO ACQUITTAL.
Section 19-2110 - RULES OF EVIDENCE.
Section 19-2111 - CONSPIRACY — SUFFICIENCY OF EVIDENCE.
Section 19-2113 - BIGAMY — PROOF OF MARRIAGE.
Section 19-2114 - FORGING BANK BILLS — PROOF OF INCORPORATION — EXPERT WITNESSES.
Section 19-2115 - ABORTION AND ABDUCTION — CORROBORATING TESTIMONY.
Section 19-2116 - FALSE PRETENSE — SUFFICIENCY OF EVIDENCE.
Section 19-2117 - TESTIMONY OF ACCOMPLICE — CORROBORATION.
Section 19-2118 - DISCHARGE OF JURY FOR WANT OF JURISDICTION, OR INSUFFICIENCY OF INDICTMENT.
Section 19-2119 - DISCHARGE OF JURY FOR WANT OF JURISDICTION — OFFENSE COMMITTED OUT OF STATE.
Section 19-2120 - OFFENSE COMMITTED IN ANOTHER COUNTY.
Section 19-2121 - PROCEDURE IF DEFENDANT NOT ARRESTED — PROCEDURE IF DEFENDANT ARRESTED.
Section 19-2122 - PROCEDURE UPON DISCHARGE OF JURY FOR INSUFFICIENCY OF INDICTMENT.
Section 19-2123 - ADVISORY INSTRUCTION TO ACQUIT.
Section 19-2124 - VIEW OF PREMISES BY JURY.
Section 19-2125 - DISCLOSURE OF FACTS KNOWN BY JUROR.
Section 19-2126 - CUSTODY OF JURY DURING TRIAL.
Section 19-2127 - ADMONISHMENT OF JURY ON ADJOURNMENTS.
Section 19-2128 - DISCHARGE OF JUROR FOR ILLNESS OR DISABILITY — SUBSTITUTE JUROR.
Section 19-2129 - DECISION OF QUESTIONS OF LAW.
Section 19-2130 - DECISION OF QUESTIONS OF LAW AND FACT — TRIAL FOR LIBEL.
Section 19-2132 - INSTRUCTIONS TO JURY — REQUESTS — INSTRUCTIONS ON INCLUDED OFFENSES.
Section 19-2133 - RETIREMENT OF JURY — OATH OF BAILIFF.
Section 19-2134 - COMMITMENT OF DEFENDANT PENDING TRIAL.
Section 19-2135 - ABSENCE OF PROSECUTING ATTORNEY — APPOINTMENT OF SUBSTITUTE.