State v. Raudebaugh

JOHNSON, Justice.

This is a criminal case in which the defendant was convicted of second-degree murder and use of a deadly weapon in the commission of the murder. In affirming the convictions, we hold:

1. The trial court properly instructed the jury that it could not consider a lesser included offense unless it first acquitted the defendant of each greater offense. We conclude this acquittal first requirement conforms with I.C. § 19-2132(c) and does not violate the United States Constitution.

2. The trial court did not abuse its discretion in allowing a witness for the state to testify…