Minnesota Statutes

Minn. Stat. § 631.14 (2026)

Verdict For Lesser Included Offense

✓ current as of May 2026
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Upon an indictment or complaint for an offense consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment or complaint, and guilty of any degree inferior to that. Upon an indictment or complaint for an offense, the jury may find the defendant not guilty of committing it, and guilty of an attempt to commit it. Upon an indictment or complaint for murder, if the jury finds the defendant not guilty, it may, upon the same indictment or complaint, find the defendant guilty of manslaughter in any degree. In all other cases, the defendant may be found guilty of any offense necessarily included in that offense with which the defendant is charged in the indictment or complaint.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1961–2025 · leading case: State v. Slaughter, 691 N.W.2d 70 (Minn. 2005).
State v. Slaughter, 691 N.W.2d 70 (Minn. 2005). · cites it 2× “Minnesota Statutes section 631.14 (2004) also states that a “defendant may be found guilty of any offense necessarily included in *77 that offense with which the defendant is charged in the indictment or complaint.”
State v. Gisege, 561 N.W.2d 152 (Minn. 1997). · cites it 2× “3 Minn.Stat. § 631.14 (1996) (“In all other cases, the defendant may be found guilty of any offense necessarily included in that offense with which the defendant is charged in the indictment or complaint.”
State v. Kobow, 466 N.W.2d 747 (Minn. Ct. App. 1991). · cites it 2× “Minn.Stat. § 631.14 (1988) (emphasis added).”
State v. Leinweber, 228 N.W.2d 120 (Minn. 1975). “” Upon a charge of “murder,” under § 631.14, if the jury finds “defendant not guilty thereof, it may, upon the same indictment, find the defendant guilty of manslaughter in any degree.”
State v. Schmit, 139 N.W.2d 800 (Minn. 1966). “1961, § 631.14, in effect at the time of the alleged criminal acts, provided in part: “Upon an indictment for an offense consisting of different degrees, the *89 jury may find the defendant not guilty of the degree charged in the indictment, and guilty of any degree inferior…”
Ronald Aaron McCord v. State of Minnesota (Minn. Ct. App. 2016). · cites it 10× “At the conclusion of his trial in 2008, the jury found McCord not guilty of first-degree murder but—pursuant to Minn. Stat. § 631.14 (2006), which authorizes verdicts for lesser- included offenses—convicted him of second-degree murder while committing a drive-by shooting under…”
State Ex Rel. Isle v. Tahash, 109 N.W.2d 54 (Minn. 1961). · cites it 2× “Section 631.14 reads: “Upon an indictment for an offense consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment, and guilty of any degree inferior thereto; upon an indictment for any offense, the jury may find the…”
State of Minnesota v. Justin Kenyatta Watson (Minn. Ct. App. 2025). · cites it 2× “the most serious remaining offense for which the petitioner was convicted; 2 (2) enter a conviction and impose a sentence for any other predicate felony arising out of the course of conduct that served as the factual basis for the conviction vacated by the court; or (3) enter a…”
State v. Hanson, 123 N.W.2d 173 (Minn. 1963). · cites it 5× “Section 631.14 has been construed as inapplicable where the evidence clearly establishes a defendant’s violation of the statute under which he is charged and which defines the greater offense.”
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