Dickens v. People

While this court has determined that the refusal of the trial court to give instructions defining lesser crimes than charged in the information, but included in the crime charged, is not error, where the testimony does not require it; yet, as I construe our decisions, in no case has it been judicially determined that the giving of an instruction defining a lessor crime, when the testimony does not require it, does or does not constitute error, nor do I find a case in our courts where an objection to such an instruction has been considered or determined.

Clearly in this case the giving of the…