Q: Should the jury be instructed that jury must find defendant guilty of the predicated felony for conviction
With regards to 39-17-1324 employing a firearm during commission of a dangerous felony where indictment stated attempted first degree murder as the predicated dangerous felony but jury were given instructions between attempted first degree murder , attempted second degree murder or attempted manslaughter although only dangerous felony which I was indicted for ?was attempted first degree murder & indictment for firearm charge specifically states attempted first degree murder as the underlying dangerous felony
A: It depends. I would ask the attorney on the matter your questions.
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