(Download) "Ray E. Denman v. State Indiana" by Fourth District Court of Appeals of Indiana # Book PDF Kindle ePub Free
eBook details
- Title: Ray E. Denman v. State Indiana
- Author : Fourth District Court of Appeals of Indiana
- Release Date : January 16, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
A jury found defendant-appellant James F. McGill guilty of criminal deviate conduct as the result of an alleged sexual assault on his former sister-in-law, R.C. Having been charged with only attempted rape, McGill contends he was convicted of a crime for which he was never charged under guise of portraying deviate conduct as a lesser included offense of attempted rape. We find criminal deviate conduct is neither a "necessarily" included lesser offense of the charged crime, attempted rape, nor a "factually" included lesser offense found within the charge itself. We therefore, agree with McGills arguments and reverse.
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