Kly, when the state includes other offenses, doesn't the prosecution have to provide evidence of those offenses within their total presentation of the primary evidence? Also, if an initial prosecution results in a not guilty verdict (murder), can the state then seek an indictment for manslaughter or would that be considered double jeopardy?
Question 1 is yes. If they fail to provide evidence supporting each element of the offense, the defense can have the judge dismiss the charge or lesser included offense at the close of the state's case.
After a not guilty verdict in a murder case, the state is barred from prosecuting a defendant on charges of manslaughter on double jeopardy grounds. moreover, double jeopardy generally prevents the state from trying the defendant from any subsequent prosecution for any crime arising from the circumstances of the previous case.
