California, United States of America
The following excerpt is from People v. Solis, 168 Cal.Rptr.3d 773 (Cal. App. 2014):
5 Because there was no accusatory pleading charging either of these offenses, we need only consider if the statutory elements of the greater offense include all the elements of the lesser offense, such that the greater cannot be committed without also committing the lesser. (Birks, supra, at p. 117, 77 Cal.Rptr.2d 848, 960 P.2d 1073.) They do not; mayhem does not require the use of a deadly weapon. (People v. Ausbie (2004) 123 Cal.App.4th 855, 863, fn. 5, 20 Cal.Rptr.3d 371.)
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