Submission of Lesser Included Offenses to the Jury

Authors

Robert McCalla, University of Nebraska College of Law

Abstract

I. Introduction … A. Definition of Lesser Included Offense … B. Types of Lesser Included Offenses … C. Statutes Allowing Conviction of Lesser Included Offenses

II. Defendant’s Right to Have Lesser Included Offenses Submitted to Jury … A. In General … B. Nebraska Law

III. Province of Trial Court to Instruct on Lesser Included Offenses … A. Instruction Warranted; Not Requested; Given; Conviction on Lesser Offense … 1. In General … 2. Nebraska Law … B. Instruction Unwarranted; Not Requested; Given; Conviction on Lesser Offense … 1. In General … 2. Nebraska Law … C. Instruction Unwarranted; Not Requested; Given; Conviction on Greater Offense … 1. In General … 2. In Nebraska

IV. The Duty of the Trial Court to Instruct on Lesser Offenses … A. In General … B. Nebraska Law

V. Conclusion

Recommended Citation

Robert McCalla, Submission of Lesser Included Offenses to the Jury, 38 Neb. L. Rev. 804 (1959)
Available at: https://digitalcommons.unl.edu/nlr/vol38/iss3/13