The following excerpt is from U.S. v. Limpy, 993 F.2d 885 (9th Cir. 1993):
A defendant has a procedural right to a lesser included offense instruction only in appropriate situations. United States v. Crutchfield, 547 F.2d 496, 499 (9th Cir.1977). The test for establishing whether a defendant is entitled to such an instruction is two-fold. First the "offense on which the instruction is sought is a lesser-included offense charged. Second, the jury could rationally conclude that the defendant was guilty of the lesser but not the greater offense." Id. at 500.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.