lesser included offense

A crime that is composed of some, but not all, of the elements of a more serious crime and that is necessarily committed in carrying out the greater crime [battery is a lesser included offense of murder].

• For double-jeopardy purposes, a lesser included offense is considered the “same offense” as the greater offense, so that acquittal or conviction of either offense precludes a separate trial for the other.

— Also termed lesser offense; included offense; necessarily included offense. Cf. cognate offense predicate act; predicate offense. [Cases: Indictment and Information 189, 191. C.J.S. Indictments and Informations §§ 218, 220, 230–231, 242.]

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