If the indictment or information charges an offense divided into degrees, the jury may find the defendant guilty of the offense charged or any lesser degree supported by the evidence. The judge shall not instruct on any degree as to which there is no evidence.
RULE 3.490. DETERMINATION OF DEGREE OF OFFENSE
- If a crime is divided into degrees (e.g., first-degree murder, second-degree murder), the jury can find the defendant guilty of the offense charged or any lesser degree.
- The jury's finding must be supported by the evidence presented at trial.
- A judge is prohibited from instructing the jury on a specific degree of an offense if there is no evidence to support that degree.
1968 Adoption. Same as 919.14.
1972 Amendment. Same as prior rule except references to affidavit have been deleted.