given instruction in Montana

2025“Where the proposed instruction is adequately covered by a given instruction, it is not error for the trial court to refuse the proposed instruction.” Long, 274 Mont. at 234 , 907 P.2d at 949 (citing State v. Floyd, 243 Mont. 269, 275 , 790 P.2d 475, 479 (1990)).

2025“Where the proposed instruction is adequately covered by a given instruction, it is not error for the trial court to refuse the proposed instruction.” Long, 274 Mont. at 234 , 907 P.2d at 949 (citing State v. Floyd, 243 Mont. 269, 275 , 790 P.2d 475, 479 (1990)).

1956Koppang v. Sevier, 106 Mont. 79, 92 , 75 Pac. (2d) 790 ; State v. Darchuck, [Cited above.]” However, the above rule was not made known to the jury *465 in the case at bar.

1956Koppang v. Sevier, 106 Mont. 79, 92 , 75 Pac. (2d) 790 ; State v. Darchuck, [Cited above.]” However, the above rule was not made known to the jury *465 in the case at bar.

2015Williams relies on State v. Lundblade, 191 Mont. 526 , 625 P.2d 545 (1981), where a jury, in a felony theft case, was not given an instruction listing the elements of the offense.

2015Williams relies on State v. Lundblade, 191 Mont. 526 , 625 P.2d 545 (1981), where a jury, in a felony theft case, was not given an instruction listing the elements of the offense.

2015He argues that “the jury is required to find the State proved more than just the victim was a peace officer; it must find the State proved the defendant was aware of that fact.” Carnes argues that the given instruction’s failure to require that the jury find he had acted purposely or knowingly with regard to the victim’s identity as a police officer violated his due process right under the United States and Montana Constitutions to have the State prove every element of the offense, citing In re Winship, 397 U.S. 358, 364 , 90 S. Ct. 1068, 1073 (1970) (“the Due Process clause protects the accus

2004He contends that the first sentence of the given instruction improperly shifted the burden of proof in violation of Sandstrom v. Montana (1979), 442 U.S. 510 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 , because it created a conclusive presumption, in essence a mandate, of McCaslin’s criminal responsibility.

2004He contends that the first sentence of the given instruction improperly shifted the burden of proof in violation of Sandstrom v. Montana (1979), 442 U.S. 510 , 99 S.Ct. 2450 , 61 L.Ed.2d 39 , because it created a conclusive presumption, in essence a mandate, of McCaslin’s criminal responsibility.

1981The jury therefore was entitled to a complete definition of ‘knowledge’ and the given instruction, taken almost verbatim from § 94-2-101(27), R.C.M., 1947, was such a definition.” ( 574 P.2d at 270 ) (Emphasis supplied).

1956Since this instruction was not requested by the defendant, its absence is not reversible error, although as stated in State v. Allen, 34 Mont. 403 , 87 Pac. 177, 183 , this instruction “should always be given, especially when requested by the defendant. ’ ’ In State v. Bosch, 125 Mont. 566, 574 , 242 Pac. (2d) 477, 481 , it is said: “* * * under the familiar and well-established rule in this jurisdiction, in determining the effect of a given instruction all the instructions must be read and considered as a whole.

1956Since this instruction was not requested by the defendant, its absence is not reversible error, although as stated in State v. Allen, 34 Mont. 403 , 87 Pac. 177, 183 , this instruction “should always be given, especially when requested by the defendant. ’ ’ In State v. Bosch, 125 Mont. 566, 574 , 242 Pac. (2d) 477, 481 , it is said: “* * * under the familiar and well-established rule in this jurisdiction, in determining the effect of a given instruction all the instructions must be read and considered as a whole.

1956Since this instruction was not requested by the defendant, its absence is not reversible error, although as stated in State v. Allen, 34 Mont. 403 , 87 Pac. 177, 183 , this instruction “should always be given, especially when requested by the defendant. ’ ’ In State v. Bosch, 125 Mont. 566, 574 , 242 Pac. (2d) 477, 481 , it is said: “* * * under the familiar and well-established rule in this jurisdiction, in determining the effect of a given instruction all the instructions must be read and considered as a whole.

1956Since this instruction was not requested by the defendant, its absence is not reversible error, although as stated in State v. Allen, 34 Mont. 403 , 87 Pac. 177, 183 , this instruction “should always be given, especially when requested by the defendant. ’ ’ In State v. Bosch, 125 Mont. 566, 574 , 242 Pac. (2d) 477, 481 , it is said: “* * * under the familiar and well-established rule in this jurisdiction, in determining the effect of a given instruction all the instructions must be read and considered as a whole.

1952Koppang v. Sevier, 106 Mont. 79, 92 , 75 Pac. (2d) 790 ; State v. Darchuck, 117 Mont. 15, 26 , 156 Pac. (2d) 173 .

1952Koppang v. Sevier, 106 Mont. 79, 92 , 75 Pac. (2d) 790 ; State v. Darchuck, 117 Mont. 15, 26 , 156 Pac. (2d) 173 .

1939(State v. Mahoney, 24 Mont. 281 , 61 Pac. 647; State v. Berberick, 38 Mont. 423 , 100 Pac. 209 , 16 Ann.

1939(State v. Mahoney, 24 Mont. 281 , 61 Pac. 647; State v. Berberick, 38 Mont. 423 , 100 Pac. 209 , 16 Ann.

1939(State v. Mahoney, 24 Mont. 281 , 61 Pac. 647; State v. Berberick, 38 Mont. 423 , 100 Pac. 209 , 16 Ann.

1939(State v. Mahoney, 24 Mont. 281 , 61 Pac. 647; State v. Berberick, 38 Mont. 423 , 100 Pac. 209 , 16 Ann.

1930(State v. Cassill, 71 Mont. 274 , 229 Pac. 716 .) As said, the offered instruction is covered by the instruction given and no error *364 was committed in refusing it.

1930(State v. Cassill, 71 Mont. 274 , 229 Pac. 716 .) As said, the offered instruction is covered by the instruction given and no error *364 was committed in refusing it.