Quote:
Originally Posted by Kevin
From state to state YMMV, but around here, it's up to the state what the Defendant is charged with. If they want to allow the jury to convict of a lesser included, they can charge it. If they want murder in the first degree and nothing else, they can do that as well.
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Yes, but here at least, it doesn't stop there. Here, regardless of what the state charges, if there is evidence at trial that will support a lesser included offense and if the defense requests that the lesser included offense be submitted to the jury, then the judge is required to submit it to the jury.
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