Montana Code Annotated · § 46-16-606 — Reasonable doubt as to which offense convicts only of least offense
46-16-606. Reasonable doubt as to which offense convicts only of least offense
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.
Source notes
History and annotations
En. Sec. 186, p. 245, Bannack Stat.; re-en. Sec. 307, p. 237, Cod. Stat. 1871; re-en. Sec. 308, 3d Div. Comp. Stat. 1887; en. Sec. 2073, Pen. C. 1895; re-en. Sec. 9274, Rev. C. 1907; re-en. Sec. 11972, R.C.M. 1921; Cal. Pen. C. Sec. 1097; re-en. Sec. 11972, R.C.M. 1935; Sec. 94-7204, R.C.M. 1947; redes. 95-2902 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 48, Ch. 184, L. 1977; R.C.M. 1947, 95-2902; Sec. 46-16-602, MCA 1989; redes. 46-16-606 by Code Commissioner, 1991; amd. Sec. 1752, Ch. 56, L. 2009.
Source captured 2026-09-26. Open the official source.