Legal Opinion
State v. Gilman
Idaho Court of Appeals
Decided December 8, 1983No. 14087PublishedCited by 20 opinions
1Opinion of the Court
BURNETT, Judge.
In this criminal case we examine the relationship between due process and the concept of a “lesser included” offense. Robert Gilman was charged with rape. The prosecutor’s information alleged that he had “accomplish[ed] an act of sexual intercourse” with a twelve-year-old girl. A jury found him not guilty of the crime charged but guilty of lewd conduct with a minor, which had been described in jury instructions as a lesser included offense. Judgment of conviction was entered, and Gilman was sentenced to the custody of the Board of Correction for an indeterminate period not…
2Cases cited16 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Mathews v. EldridgeSupreme Court of the United States · 1976
- County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
- De Jonge v. OregonSupreme Court of the United States · 1937
- State v. LePageIdaho Supreme Court · 1981
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. CharboneauIdaho Supreme Court · 1989
- Hagans v. StateCourt of Appeals of Maryland · 1989
- Lee v. United StatesDistrict of Columbia Court of Appeals · 1995
- State v. SherrodIdaho Court of Appeals · 1998
- State v. Dwayne Noble BanksIdaho Court of Appeals · 1987
15 more not listed; retrieve them via the Exa API.