The law
requires that the Court instruct the jury with respect to possible (lesser)
included offenses, even if they are not contained in the indictment. Just
because the Court is instructing you concerning these offenses does not mean
that the Court has any opinion one way or another about whether the defendant
committed these, or any, offenses. You should consider these offenses along
with those for which the defendant is indicted. However, you are not to render
a verdict on these offenses or answer the questions on the verdict sheet unless
you find that the State has failed to meet its burden with regard to the
offense(s) in the indictment.
2. This
charge should not be used in cases where the lesser-included offenses are
contained in the statute; e.g., robbery and robbery while armed.
