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STATE v. MORGAN

No. 66674.

322 N.W.2d 68 (1982)

STATE of Iowa, Appellee, v. Charles MORGAN, Appellant.

Supreme Court of Iowa.

July 21, 1982.

Attorney(s) appearing for the Case

Francis C. Hoyt, Jr., Appellate Defender, and Patrick R. Grady, Asst. Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Richard L. Cleland, Asst. Atty. Gen., and William E. Davis, Scott County Atty., for appellee.

Considered by REYNOLDSON, C. J., and LeGRAND, UHLENHOPP, HARRIS, and LARSON, JJ.

UHLENHOPP, Justice.

This appeal involves the "all or nothing" rule regarding submission of included offenses to the jury.

Rule 6(3) of the rules of criminal procedure states:

In cases where the public offense charged may include some lesser offense it is the duty of the trial court to instruct the jury, not only as to the public offense charged but as to all lesser offenses of which the accused might be found guilty under the indictment and upon the...

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