California, United States of America
The following excerpt is from People v. Toro, 194 Cal.App.3d 641, 239 Cal.Rptr. 755 (Cal. App. 1987):
When the accusatory pleading describes a crime in the statutory language, as in the present case, the test for a lesser included offense is simply that where the charged "offense cannot be committed without necessarily committing another offense, the latter is a necessarily included offense." (People v. Greer (1947) 30 Cal.2d 589, 596, 184 P.2d 512, disapproved on other grounds in People v. Pearson (1986) 42 Cal.3d 351, 357-358, 228 Cal.Rptr. 509, 721 P.2d 595; People v. Lohbauer (1981) 29 Cal.3d 364, 369, 173 Cal.Rptr. 453, 627 P.2d 183.)
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