Idaho State Statutes - Idaho Attorney Directory

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.

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