Does a jury need to consider whether bank larceny is necessarily included in the bank robbery charge?

MultiRegion, United States of America

The following excerpt is from U.S. v. Gregory, 891 F.2d 732 (9th Cir. 1989):

Gregory contends that the district court erred by refusing to give the jury his requested instruction on the offense of bank larceny, 18 U.S.C. 2113(b), as a lesser offense necessarily included in bank robbery, 18 U.S.C. 2113(a). Federal Rule of Criminal Procedure 31(c) provides that "[t]he defendant may be found guilty of an offense necessarily included in the offense charged." Whether one offense is "necessarily included" in another is reviewed de novo. United States v. Brown, 761 F.2d 1272, 1278 (9th Cir.1985).

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