California, United States of America
The following excerpt is from People v. Scheidt, 231 Cal.App.3d 162, 282 Cal.Rptr. 228 (Cal. App. 1991):
"Generally, two tests are used to determine whether in a particular case a crime is a necessarily and lesser included offense of another crime. The first test looks to the elements of the crime: if, as a matter of legal definition, the greater offense cannot be committed without concomitantly satisfying the elements of the lesser offense, the latter offense is a necessarily lesser included offense. Secondly, a crime is a necessarily lesser included offense if it is within the offense specifically charged in the accusatory pleading. [Citations.]" (People v. Barrick, supra, 33 Cal.3d at. p. 133, 187 Cal.Rptr. 716, 654 P.2d 1243.)
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.