Idaho Code
Idaho Code § 19-2311 (2026)
Jury to find degree of crime.
✓ current as of May 2026
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Jury to find degree of crime.
Whenever a crime is distinguished into degrees the jury, if they convict the defendant, must find the degree of the crime of which he is guilty.
Notes of Decisions
Cited in 3
cases, 1963–1967 · leading case: State v. Haggard, 404 P.2d 580 (Idaho 1965).
State v. Haggard, 404 P.2d 580 (Idaho 1965). “However, in support of my view I refer to I.C. § 19-2311, which provides: "Whenever a crime is distinguished into degrees the jury, if they convict the defendant, must find the degree of the crime of which he is guilty.”
Carey v. State, 429 P.2d 836 (Idaho 1967). “The jury also must find the degree of crime committed whenever the crime charged is distinguished into degrees, I.C. § 19-2311; People v. Dunn, 1 Idaho 74 (1886); State v.”
State v. Goodmiller, 386 P.2d 365 (Idaho 1963). “The conclusion that burglary of the second degree is necessarily included in a charge of burglary of the first degree is compelled by I.C. § 19-2311 and the decisions of this court thereunder.”
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