What is the test for whether a greater statutory offence can be committed without committing the lesser statutory offence?
California, United States of America
The following excerpt is from People v. Perez, C040879. (Cal. App. 2003):
"An offense is necessarily included in another if . . . the greater statutory offense cannot be committed without committing the lesser because all of the elements of the lesser offense are included in the elements of the greater." (People v. Hughes (2002) 27 Cal.4th 287, 365-366.)
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