legal or element test (Iowa) · Go Syfert
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legal or element test in Iowa

6 Iowa opinions name it 2 courts 1976–1992 0 in the last five years

The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
State v. Redmongreen
iowa · 1976 · cited in 2 Iowa opinions naming this issue, 1976–1988
2 sentences

1988State v. Sangster, 299 N.W.2d 661, 663 (Iowa 1980); State v. Redmon, 244 N.W.2d 792, 801 (Iowa 1976).

1976State v. Redmon, 244 N.W.2d 792, 796 (Iowa 1976); State v. Smith, 223 N.W.2d 223, 225 (Iowa 1974).

22
State v. Sangstergreen
iowa · 1980 · cited in 2 Iowa opinions naming this issue, 1984–1988
2 sentences

1988Id.

1988State v. Sangster, 299 N.W.2d 661, 663 (Iowa 1980); State v. Redmon, 244 N.W.2d 792, 801 (Iowa 1976).

12
State v. Luckettgreen
iowa · 1986 · cited in 1 Iowa opinions naming this issue, 1988–1988
1 sentence

1988State v. Luckett, 387 N.W.2d 298, 299 (Iowa 1986).

11
State v. Smithgreen
iowa · 1974 · cited in 1 Iowa opinions naming this issue, 1976–1976
1 sentence

1976State v. Redmon, 244 N.W.2d 792, 796 (Iowa 1976); State v. Smith, 223 N.W.2d 223, 225 (Iowa 1974).

11
State v. Rosewallgreen
iowa · 1976 · cited in 1 Iowa opinions naming this issue, 1976–1976
1 sentence

1976As to the former, a lesser offense must be composed of some but not all elements of the greater crime yet cannot require an element not needed to constitute the greater offense. * * * [citing authorities].” State v. Rosewall, 239 N.W.2d 171, 174 (Iowa 1976), has this statement of the tests to be applied in determining when a lesser included offense should be instructed upon: “Under our cases a lesser included offense is appropriate for submission when (1) the elements of the lesser offense are an elementary part of the greater offense (the legal test) and (2) there is a factual basis in the re

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
State v. Troy green
iowa · 1928
1 sentence

1992Id. at 736 .

11992–1992
State v. Stewart green
iowa · 1974
1 sentence

1976The lesser crime must not require any additional element which is not needed to constitute the greater crime.” —State v. Stewart, supra, 223 N.W.2d at 252 .

11976–1976

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