Included Offense to be Given Jury

When there is a rational basis for a verdict acquitting the defendant of the offense charged and convicting him of an included offense, the court shall charge the jury with respect to the included offense. COURT DECISIONS: D.C. Guam App. Div. People v. Grajo, DCA 86-00002 (1987) In view of this section's requirement that the Court give Alesser included@ offenses, it was not error for the Court to give such instructions where there was evidence to support them, even over defendant's objection. NOTE: Section 90.27 is new but is based on Model Penal Code § 1.07(5) and continues the case law developed under former § 1097. See also § 105.58 (conviction of included offense).