What is the test for whether a crime is a lesser included offense of another?
California, United States of America
The following excerpt is from The People v. Grayson, 83 Cal.App.4th 479, 99 Cal.Rptr.2d 701 (Cal. App. 2000):
"It is well established that a crime is a lesser included offense of another if 'the charging allegations of the accusatory pleading include language describing the offense in such a way that if committed as specified the lesser offense is necessarily committed." (People v. Mathis (1985) 173 Cal.App.3d 1251, 1257.)
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