State v. Mellons

How courts have described this case

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

• providing that “[o]n appeal, a conviction of a lesser included offense will be upheld, even if there is no evidence in the record to establish the technical elements of that crime, if the evidence demands a conviction of a higher degree of homicide than that found by the verdict . . . .”
• it is not reversible error to fail to give an instruction on a lesser offense of which there is no evidence in the record

Source: CourtListener parenthetical corpus (CC0).