Is a failure to request a lesser included offense instruction fatal to a claim of error?
MultiRegion, United States of America
The following excerpt is from U.S. v. Lone Bear, 579 F.2d 522 (9th Cir. 1978):
1 See also United States v. Carey, 475 F.2d 1019, 1022 (9th Cir. 1973), where we held that failure to request a lesser included offense instruction was fatal to appellant's claim of error.
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