What is the test for determining whether a criminal offence is necessarily included in the criminal code?
California, United States of America
The following excerpt is from Kellett v. Superior Court of Sacramento County, 45 Cal.Rptr. 355 (Cal. App. 1965):
'It is clear that where an offense cannot be accomplished without necessarily committing another offense, the latter is a necessarily included offense. If, in the commission of acts denounced by one statute, the offender must always violate another, the one offense is necessarily included in the other.' (People v. Krupa, 64 Cal.App.2d 592, 598, 149 P.2d 416, 420.)
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