What is the error of the Court of Appeal finding that receiving stolen property is not included in the crime of burglary?

California, United States of America


The following excerpt is from People v. Moore, 220 Cal.App.2d 737, 34 Cal.Rptr. 38 (Cal. App. 1963):

Appellant also assigns as error the fact that his counsel, a deputy public defender, in arguing for his acquittal, stated that, although appellant might be guilty of receiving stolen property, he was not guilty of the crime of burglary as charged and that receiving stolen property, 'is not a lesser included offense' of burglary. Appellant asserts that this was erroneous because receiving stolen property is a 'lesser offense'. His counsel's statement, however, was quite correct, for while the offense may be 'lesser', it is not 'included' within the crime of burglary. (People v. Russell, 34 Cal.App.2d 665, 670, 94 P.2d 400.)

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