Court's charge; submission of indictment to jury; definitions of terms
§ 300.30 Court's charge; submission of indictment to jury; definitions
of terms.
The following definitions are applicable to this article:
1. "Submission of a count" of an indictment means submission of the offense charged therein, or of a lesser included offense, or submission in the alternative of both the offense charged and a lesser included offense or offenses. When the court "submits a count," it must, at the least, submit the offense charged therein if such is supported by legally sufficient trial evidence, or if it is not, the greatest lesser included offense which is supported by legally sufficient trial evidence.
2. "Consecutive counts" means two or more counts of an indictment upon which consecutive sentences may be imposed in case of conviction thereon.
3. "Concurrent counts" means two or more counts of an indictment upon which concurrent sentences only may be imposed in case of conviction thereon.
4. "Inclusory concurrent counts." Concurrent counts are "inclusory" when the offense charged in one is greater than any of those charged in the others and when the latter are all lesser offenses included within the greater. All other kinds of concurrent counts are "non-inclusory."
5. "Inconsistent counts." Two counts are "inconsistent" when guilt of the offense charged in one necessarily negates guilt of the offense charged in the other.
The vocabulary for the whole article:
1. "Submission of a count" = handing the jury the charged offense, or a lesser included offense, or both in the alternative. At minimum the judge submits the charged offense if supported by legally sufficient evidence — or, if not, the greatest lesser included offense that is supported. ★
2. "Consecutive counts" = counts where consecutive (stacked) sentences may be imposed.
3. "Concurrent counts" = counts where only concurrent (at-the-same-time) sentences may be imposed.
4. "Inclusory concurrent counts" = concurrent counts where one is greater and the others are all lesser offenses included within it. Anything else concurrent is "non-inclusory." ★
5. "Inconsistent counts" = guilt on one necessarily negates guilt on the other. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.