Montana § 46-16-606 Reasonable Doubt As To Which Offense Convicts Only Of Least Offense

Montana Statutes

§ 46-16-606 — Reasonable Doubt As To Which Offense Convicts Only Of Least Offense

Montana § 46-16-606

Title 46CRIMINAL PROCEDURE

Ch. 16TRIAL

Part 6Verdict -- Disposition of Defendant

This text of Montana § 46-16-606 (Reasonable Doubt As To Which Offense Convicts Only Of Least Offense) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 46-16-606 (2026).

Text

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.

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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.

Legislative History

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.