AIELLO

v.

NEW JERSEY

Citator

Cited By (14 total)

• Lusk v. State, 367 So. 2d 1088 (Fla. 3d DCA 1979)
  …L.Ed.2d 1149 (1967); Parkin v. State, 238 So. 2d 817 (Fla.1970), cert. denied, 401 U.S. 974, 91 S.Ct. 1189, 28 L.Ed.2d 322 (1971); Joseph v. State, 316 So. 2d 585 (Fla. 4th DCA 1975); Boyer v. State, 182 So. 2d 19 (Fla. 4th DCA 1966), cert. denied, 388 U.S. 913, 87 S.Ct. 2118, 18 L.Ed.2d 1353 (1967); Higgins v. Wainwright, 424 F. 2d 177 (5th Cir. 1970), cert. denied, 400 U.S. 905, 91 S.Ct. 145, 27 L.Ed.2d 142 (1970); Springer v. State, 372 N.E. 2d 466, 472 (Ind.App. 1978); Doye v. State, 16 Md.App. 511, 29…
• Fuller v. United States, 407 F.2d 1199 (D.C. Cir. 1967)
  …nse charged and convicting him of the included offense.” . Jackson v. United States, supra, 114 U.S.App.D.C. at 183, 313 F. 2d at 574 (1962). . See note 27 supra. . Kelly v. United States, 125 U.S.App.D.C. 205, 370 F. 2d 227 (1966), cert. denied, 388 U.S. 913, 87 S.Ct. 2127, 18 L.Ed.2d 1355 (1967). The doctrine of lesser included offenses originated as a rule for the benefit of the prosecution, to permit a (diminished) charge when there was failure in prosecution proof of an element of the crime charged…
• United States v. Johnson, 637 F.2d 1224 (9th Cir. 1980)
  …jury system, and may well be a reason why a defendant seeks a lesser included offense instruction, but it is not by itself a permissible basis to justify such an instruction.” Kelly v. United States, 370 F. 2d 227, 229 (D.C.Cir.1966), cert. denied, 388 U.S. 913, 87 S.Ct. 2127, 18 L.Ed.2d 1355 (1967). Rather, “[a] lesser-included offense instruction is only proper where the charged greater offense requires the jury to find a disputed factual element which is not required for conviction of the lesser-inclu…

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