Whiteside v. Tyner

How courts have described this case

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

• test is whether evidence would be sufficient to take the case to the jury if the included offense was the sole charge against the defendant
• “There is dispute about some of the above facts but we state them in the manner most favorable to the State for the purpose of this appeal.. . . The evidence in the case now before us required that all three be submitted to the jury.” (Emphasis added.)

Source: CourtListener parenthetical corpus (CC0).