What is an "offence" where "the elements of the lesser included offense" are a subset of the charged offence?
MultiRegion, United States of America
The following excerpt is from U.S. v. Nichols, 9 F.3d 1420 (9th Cir. 1993):
An offense is a lesser included offense of the offense charged where "the elements of the lesser offense are a subset of the elements of the charged offense." Schmuck v. United States, 489 U.S. 705, 716, 109 S.Ct. 1443, 1450, 103 L.Ed.2d 734 (1989). No instruction is to be given "[w]here the lesser offense requires an element not required
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