lesser-included offense instruction
Defined in 1 dictionary — Case Law
Definitions from Case Law
United States Supreme Court
the lesser offense must be included within but not, on the facts of the case, be completely encompassed by the greater. A lesser-included offense instruction is only proper where the charged greater offense requires the jury to find a disputed factual element which is not required for conviction of the lesser-included offense.
Defined by the Supreme Court in - Sansone v. United States, 380 U.S. 343 (1965).