The following excerpt is from U.S. v. LoRusso, 695 F.2d 45 (2nd Cir. 1982):
3 An uncharged offense is a lesser-included offense if it is composed of fewer than all of the elements of the offense charged, and if all of its elements are elements of the offense charged. United States v. Giampino, 680 F.2d 898, 901 (2d Cir.1982). Because all the elements of a lesser-included offense are by definition comprised within the greater offense, the grand jury in charging the greater has also charged the lesser. The submission, therefore, of the lesser offense is within the scope of the indictment. United States v. Blackwell, 515 F.2d 125 (4th Cir.1975) (per curiam).
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