Bellcourt v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that every lesser degree of homicide is intended by the statute as an included offense
• holding that armed robber who was holding five people at gunpoint at the time he was shot by liquor store owner and fell to the floor had not withdrawn from the crime
• stating that defendant’s request that the court not give a warranted lesser-included offense instruction constituted a waiver and the trial court did not err in refusing to give it
• stating the assumption that the defendant was the initial aggressor because he was robbing a liquor store and holding employees at gunpoint
• stating the assumption that the defendant was the initial aggressor because he was robbing a liquor store and holding employees at gunpoint
• “The failure to give an appropriate instruction on lesser offenses is a ground for reversal only if defendant is prejudiced thereby”

Source: CourtListener parenthetical corpus (CC0).