Topic: in determining whether one offense is a lesser included off… · Go Syfert
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Topic #28260

3 canonical passages across 3 cases, quoted by 14 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 Ingram v. State.

#Case FlagCanonical passage Citers
1 Ingram v. State Anchor
alacrimapp · 1990
green “in determining whether one offense is a lesser included offense of the charged offense, the potential relationship of the two offenses must be considered not only in the abstract terms of the defining statutes but must also ... in light of the particular facts of each case.” 6
2 Aucoin v. State
alacrimapp · 1989
green “whether a crime constitutes a lesser-included offense is to be determined on a case-by-case basis.” 4
3 Ex Parte Stork
ala · 1985
green “a court may properly refuse to charge on a lesser included offense only when (1) it is clear to the judicial mind that there is no evidence tending to bring the offense within the definition of the lesser offense, or (2) the requested charge would have a tendency to mislead or c…” 4

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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