(DOWNLOAD) "Washington V. Ieremia" by Division One Court of Appeals of Washington ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Washington V. Ieremia
• Author : Division One Court of Appeals of Washington
• Release Date : January 31, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

AGID, J. -- These cases, which the court has consolidated on appeal, highlight the distinction between lesser included offenses and inferior degree crimes. William Ieremia and Lakhbir Singh each appeals his conviction for second degree rape. Both claim their juries should have been instructed on the elements of third degree rape, which they argue is a lesser included offense of second degree rape. We hold that third degree rape is not a lesser included offense of second degree rape because all the elements of the lesser crime are not necessary elements of the greater. Third degree rape is, however, an inferior degree of the crime of second degree rape, and an inferior degree instruction would have been necessary had either the defendant or the State produced affirmative evidence that the defendant was guilty only of the less serious degree of the crime. Because no party produced such evidence in either of these cases, the trial court thus properly refused to instruct the juries on the elements of third degree rape, and we affirm both convictions.

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