McKinnon v. State

OPINION

McKinnon was charged with having committed the crime of attempted murder. He was convicted of the crime of resisting a public officer while using a dangerous weapon. The issue on appeal is whether the crime of resisting a public officer is a lesser included offense of the crime of attempted murder.

Statute declares that a defendant may be found guilty of an offense necessarily included within the offense charged. NRS 175.501. On the other hand, if the offense for which the defendant is found guilty is not necessarily included within the offense charged, the conviction is void and must…