Duty To Instruct On Elements Of Lesser Included Offense (Mississippi)

In Robinson v. State, (Miss. Ct. App., No. 2008-KA-00437-COA, Feb. 23, 2010) the reviewing court noted on its ownR motion that the judge provided the jury with an instruction to consider the lesser-included misdemeanor offense of trespass, but the jury instruction lacked any explanation regarding the elements of the misdemeanor crime of trespass. Significantly, the only difference in Mississippi’s elements of trespass and burglary of a building is the defendant's intent to steal. However, one crime is a felony, and the other is a misdemeanor. “Without instruction as to the elements of trespass, the jury lacked the ability to properly consider the lesser-included instruction regarding trespass. [Citation.]”

For subscription based briefing and sample instructions on this and related issues see:

Forecite National™
Chapter 265: Lesser Included Offenses: General Principles
The Shellow Instructions
Judge’s Submission Of Alternative Offenses
Forecite California™
LIO II - Duty to Instruct