Section 300.30. Court's charge; submission of indictment to jury; definitions of terms  


Latest version.
  • The following definitions are applicable to this article:
        1.  "Submission of a count" of an indictment means submission  of  the
      offense  charged therein, or of a lesser included offense, or submission
      in the alternative of both the offense charged  and  a  lesser  included
      offense  or offenses.  When the court "submits a count," it must, at the
      least, submit the offense  charged  therein  if  such  is  supported  by
      legally  sufficient trial evidence, or if it is not, the greatest lesser
      included  offense  which  is  supported  by  legally  sufficient   trial
      evidence.
        2.    "Consecutive  counts"  means two or more counts of an indictment
      upon which consecutive sentences may be imposed in  case  of  conviction
      thereon.
        3.  "Concurrent counts" means two or more counts of an indictment upon
      which  concurrent  sentences  only  may be imposed in case of conviction
      thereon.
        4.  "Inclusory concurrent counts."  Concurrent counts are  "inclusory"
      when  the offense charged in one is greater than any of those charged in
      the others and when the latter are all lesser offenses  included  within
      the greater.  All other kinds of concurrent counts are "non-inclusory."
        5.    "Inconsistent counts."  Two counts are "inconsistent" when guilt
      of the offense charged in one necessarily negates guilt of  the  offense
      charged in the other.