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.
Mont. Code Ann. § 46-16-606
Reasonable doubt as to which offense convicts only of least offense
En
Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.