State v. Saunders

Spearman, A.C.J.

¶1 The purpose of the “essential elements” rule in the context of a to-convict instruction is to *261ensure that the jury is not left guessing at the meaning of an element of the crime and that the State is not relieved of its burden of proving each element of the crime. By contrast, the goal of the “essential elements” rule in the context of a charging document is to give a defendant notice of the nature of the crime charged so the defendant can prepare a defense. In applying the rule we are guided by the purpose to be served. As such, we reject Jeffrey Saunders’ argument that…