Montana Code 46-16-606. Reasonable doubt as to which offense convicts only of least offense
46-16-606. Reasonable doubt as to which offense convicts only of least offense. When it appears beyond a reasonable doubt that the defendant has committed an offense but there is reasonable doubt as to whether the defendant is guilty of a given offense or one or more lesser included offenses, the defendant may only be convicted of the greatest included offense about which there is no reasonable doubt.
Terms Used In Montana Code 46-16-606
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Included offense: means an offense that:
(a)is established by proof of the same or less than all the facts required to establish the commission of the offense charged;
(b)consists of an attempt to commit the offense charged or to commit an offense otherwise included in the offense charged; or
(c)differs from the offense charged only in the respect that a less serious injury or risk to the same person, property, or public interest or a lesser kind of culpability suffices to establish its commission. See Montana Code 46-1-202
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202