State v. Ieremia

These cases, which the court has consolidated on appeal, highlight the distinction between lesser included offenses and inferior degree crimes. William ler-enda and Lakhbir Singh each appeals his conviction for second degree rape. Both claim their juries should have been instructed on the elements of third degree rape, which they argue is a lesser included offense of second degree rape. We hold that third degree rape is not a lesser included offense of second degree rape because all the elements of the lesser crime are not necessary elements of the greater. Third degree rape is, however, an…