What is the test for determining whether a lesser offence is necessarily included in a greater offence?
California, United States of America
The following excerpt is from People v. Udall, F063220 (Cal. App. 2013):
5. "Under California law, a lesser offense is necessarily included in a greater offense if either the statutory elements of the greater offense, or the facts actually alleged in the accusatory pleading, include all the elements of the lesser offense, such that the greater cannot be committed without also committing the lesser." (People v. Birks (1998) 19 Cal.4th 108, 117-118.)
6. People v. Watson (1956) 46 Cal.2d 818, 836.
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