People v. Lewis

In People v. Lewis, 676 P.2d 682 (Colo. 1984), the supreme court set forth a proposed instruction that a trial court may issue when a jury is deadlocked over the degree of guilt, rather than the question of guilt itself. Under Lewis, if a jury is so deadlocked, a court may instruct it to return a verdict on the lesser offense so long as every essential element of the lesser offense is necessarily included in the greater offense, and all jurors agree on the defendant's guilt as to either the greater or lesser offenses.