State v. Suttles

Ness, Justice.

Appellants were indicted for burglary and pleaded guilty to housebreaking. They now contend housebreaking is not a lesser included offense of burglary, and thus they pleaded guilty to an offense for which they were neither indicted nor waived presentment. See Summerall v. State, S. C., 294 S. E. (2d) 344 (1982) and State v. Martin, S. C., 294 S. E. (2d) 345 (1982). We disagree and affirm.

The test for determining when a crime is a lesser included offense of the crime charged is whether the greater of the two offenses includes all the elements of the lesser offense. State v.…