Ex Parte Washington

We granted the writ of certiorari in this case to review the petitioner's claim that he could not be convicted on his plea of guilty to second degree rape because it was not a lesser included offense of first degree rape, with which he was charged in the indictment.

FACTS

Clarence Washington was indicted for rape in the first degree. Washington, who was 19 years old, was accused of raping a girl who was 14 years old. The State moved to amend the indictment to charge rape in the second degree, and Washington pleaded guilty to rape in the second degree. Washington appealed to the Court of…