What is the test for a jury to convict a defendant of a lesser charge of sexual assault?

(1) If the indictment or information, as drawn and on which a defendant was arraigned, contains allegations not necessary for a pleading of the major offense but which interject, as additional allegations, sufficient facts so that the [233 Cal.App.2d 839] elements of the 'lesser' offense are fully set out, then a verdict or finding of guilt of the 'lesser' offense is valid. (People v. Marshall (1957) 48 Cal.2d 394, 309 P.2d 456.)

(2) Where there is but a single offense, but that offense carries different consequences depending on the manner of its commission, the formal pleading may be aided by the testimony produced at the preliminary examination--the testimony and the formal pleading, together, adequately advising the defendant of the case he will be expected to meet at the trial. (People v. Collins (1960) 54 Cal.2d 57, 4 Cal.Rptr. 158, 351 P.2d 326.)