California, United States of America
The following excerpt is from People v. Craig, 38 Cal.App.4th 1018, 45 Cal.Rptr.2d 777 (Cal. App. 1995):
Robbery is, at most, a "specifically included offense" of murder. This term comes from People v. Pearson, supra, 42 Cal.3d 351, 228 Cal.Rptr. 509, 721 P.2d 595. There, the defendant had been convicted of sodomy with a child under 14 (Pen.Code, 286, subd. (c)) and lewd conduct with a child under 14 (Pen.Code, 288, subd. (a)) arising out of a single act. (Id., at p. 354, 228 Cal.Rptr. 509, 721 P.2d 595.) The defendant contended that lewd conduct was a lesser included offense of sodomy. The court disagreed; it reasoned that one could commit sodomy without committing lewd conduct, because lewd conduct required a specific sexual intent which sodomy did not. (Id., at pp. 355-356, 228 Cal.Rptr. 509, 721 P.2d 595.)
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