necessarily included offense

necessarily included offense
For a lesser offense to be "necessarily included" in offense charged, within lesser included offense rule, it must be such that the greater offense cannot be committed without also committing the lesser. Kelly v. U. S., 125 U.S.App.D.C. 205, 370 F.2d 227, 228.
"Lesser offense" is "necessarily included" in a graver offense if the greater of the offenses includes all the legal and factual elements of the lesser. State v. Umfleet, Mo.App., 538 S.W.2d 55, 59.
See Fed.R.Crim.P. 31(c).

Black's law dictionary. . 1990.

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