Topic: only if the record discloses that the trier of fact express… · Go Syfert
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Topic #26742

3 canonical passages across 3 cases, quoted by 12 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from State v. Green.

#Case FlagCanonical passage Citers
1 State v. Green Anchor
wash · 1980
red “only if the record discloses that the trier of fact expressly found each of the elements of the lesser offense.” 5
2 State v. Mannering
wash · 2003
green “an attempt to commit a crime is included in the crime itself.” 4
3 State v. Gilbert
washctapp · 1993
green “the dispositive issue should not be whether the jury was instructed on the lesser included offense, but rather whether the jury necessarily found each element of the lesser included offense in reaching its verdict on the crime charged.” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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