3 Utah 2d 70 - State v. Mitchell

How this case has been cited

Cited by 44 later decisions — most recently June 2022 · most notably State v. Nelson (1959), State v. Howell (1982)

44 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

CROCKETT, Justice

¶1(concurring).

¶2I concur in affirming the judgment.

¶3I agree that under the circumstances of this case it was not prejudicial error for the court to fail to instruct on lesser included offenses. However under some circumstances, where the evidence, would plainly indicate that the jury should properly consider lesser offenses, I think it might be error for the trial court not to instruct with respect to them, even if counsel made no request. It is elementary that it is the duty of the court to present to the jury a statement of the elements of the offense charged; and that “ … where the accused is charged with a greater offense, he is nevertheless entitled to an instruction that the jury may convict him of a lesser offense if included within the greater; … 1

¶4. State v. Hyams, 64 Utah 285, 230 P. 349; State v. Barkas, 91 Utah 574, 65 P.2d 1130.