State v. Summers

Lewis, Chief Justice:

Under an indictment charging only criminal sexual conduct in the first degree, the trial judge also submitted to the jury the issue of appellant’s guilt of criminal sexual conduct in the second and third degrees on the theory that the latter were lesser included offenses of criminal sexual conduct in the first degree. Appellant was found guilty of criminal sexual conduct in the second degree and appeals. Two questions are presented: (1) Whether second and third degree criminal sexual conduct are lesser included offenses in a charge of first degree criminal sexual conduct…