State v. Morgan

UHLENHOPP, Justice.

This appeal involves the “all or nothing” rule regarding submission of included offenses to the jury.

Rule 6(3) of the rules of criminal procedure states:

In cases where the public offense charged may include some lesser offense it is the duty of the trial court to instruct the jury, not only as to the public offense charged but as to all lesser offenses of which the accused might be found guilty under the indictment and upon the evidence adduced, even though such instructions have not been requested.

Rule 21(3) states:

Upon trial of an offense consisting of different degrees,…