¶ 14 A district court's decision to deny a defendant's motion to dismiss on the basis of double jeopardy presents a question of law that this Court reviews on appeal to determine whether the district court's interpretation of the law is correct. State v. Beavers, 1999 MT 260, ¶ 21, 296 Mont. 340, ¶ 21, 987 P.2d 371, ¶ 21 (citing State v. Barker (1993), 260 Mont. 85, 88, 858 P.2d 360, 362; Steer, Inc. v. Department of Revenue (1990), 245 Mont. 470, 474-75, 803 P.2d 601, 603). ¶ 15 Becker concedes on appeal that his motion to dismiss in the District Court dealt exclusively with his federal constitutional rights and that he did not address the double jeopardy protections provided by the Montana Constitution or Montana's statutory protection against double jeopardy found at § 46-11-410, MCA, which provides:

¶ 22 As used in § 46-1-202(9)(a), MCA, the term "facts" refers to the statutory elements of the offense, not the individual facts of the case. State v. Beavers, 1999 MT 260, ¶ 30, 296 Mont. 340, ¶ 30, 987 P.2d 371, ¶ 30. ¶ 23 Here, Russell was charged with felony homicide under § 45-5-102(1)(b), MCA. Felony homicide can be accomplished by multiple means under the statute.

¶ 27 We review a district court's evidentiary rulings for an abuse of discretion and we afford district courts "broad discretion . . . to limit the scope of cross-examination to those issues it determines are relevant to trial." State v. Beavers, 1999 MT 260, ¶ 20, 296 Mont. 340, ¶ 20, 987 P.2d 371, ¶ 20. ¶ 28 Issue One:Did the prosecution improperly comment upon the credibility of the witnesses and assert that Lindberg was responsible for establishing his innocence, thereby denying Lindberg his right to due process and a fair and impartial trial?

¶ 18 We apply the abuse of discretion standard when reviewing a district court's discretionary rulings in a criminal case. State v. Beavers, 1999 MT 260, ¶ 20, 296 Mont. 340, ¶ 20, 987 P.2d 371, ¶ 20. "Abuse of discretion occurs only when the district court acted arbitrarily without the employment of conscientious judgment or exceeded the bounds of reason resulting in substantial injustice." State v. English, 2006 MT 177, ¶ 23, 333 Mont. 23, ¶ 23, 140 P.3d 454, ¶ 23 (quotation omitted).

¶ 7 A district court's denial of a defendant's motion to dismiss a charge on the basis of double jeopardy presents a question of law that this Court reviews for correctness. State v. Beavers, 1999 MT 260, ¶ 21, 296 Mont. 340, ¶ 21, 987 P.2d 371, ¶ 21. DISCUSSION

¶ 43 The district court maintains broad discretion in its decision to limit the scope of cross examination. State v. Beavers, 1999 MT 260, ¶ 20, 296 Mont. 340, ¶ 20, 987 P.2d 371, ¶ 20. We refuse to overturn the district court's evidentiary rulings absent an abuse of discretion.

We give broad discretion to a district court in formulating jury instructions. State v. Beavers, 1999 MT 260, ¶ 20, 296 Mont. 340, ¶ 20, 987 P.2d 371, ¶ 20. ¶ 21 We review a sentence for legality only.

¶ 17 We review discretionary trial court rulings, including trial administration issues and evidentiary rulings, for "abuse of discretion." State v. Beavers, 1999 MT 260, ¶ 20, 296 Mont. 340, ¶ 20, 987 P.2d 371, ¶ 20. In determining whether a trial court abused its discretion, the question is not whether the reviewing court agrees with the trial court, but rather whether the trial court acted arbitrarily without the employment of conscientious judgment or exceeded the bounds of reason, resulting in substantial injustice.

"[A] criminal defendant is entitled to jury instructions that cover every issue or theory having support in the evidence." State v. Beavers, 1999 MT 260, ¶ 23, 296 Mont. 340, ¶ 23, 987 P.2d 371, ¶ 23. Obviously, the converse is not true: a defendant cannot be forced to bear an instruction which is not supported by the evidence.

Our standard of review of such rulings in a criminal case is "abuse of discretion." State v. Beavers, 1999 MT 260, ¶ 20, 296 Mont. 340, ¶ 20, 987 P.2d 371, ¶ 20. See also Porter v. Porter (1970), 155 Mont. 451, 457, 473 P.2d 538, 541.