State v. Sheppard

Lawrence R. Sheppard appeals his conviction of sexual intercourse without consent, a felony, by a jury sitting in the District Court of the Fourth Judicial District, Missoula County. We affirm.

Sheppard presents the following issues on appeal:

1. Should Montana adopt the California rule that where the evidence clearly supports it, a lesser-included offense instruction must be given by the District Court sua sponte even if not requested by the defense?

2. Did the District Court’s failure to instruct the jury on the lesser-included offense of misdemeanor sexual assault deprive Sheppard of due…