Supreme Court of Delaware

In criminal proceedings, a trial judge is required to instruct the jury on a lesser-included offense over the objection of an opposing party if: it is requested by any party; there exists a rational basis in the evidence for the jury to convict the defendant of the lesser charge and acquit on the greater charge; and prosecution for the lesser-included offense is not time-barred.

Appellate Information

• Decided 12/23/2003
• Published 12/23/2003

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• Supreme Court of Delaware

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