Tucker v. State

YOUNG, Presiding Judge.

After trial by jury, appellant-defendant Alonzo Tucker was found guilty of rape, a Class B felony. He appeals alleging error in the trial court’s refusal to give tendered instructions on battery as a lesser included offense of rape.

We reverse.

The question of giving an instruction on a lesser included offense embodies a two step analysis. Lawrence v. State, (1978) 268 Ind. 330, 375 N.E.2d 208, 212. The first step requires examination of the *1356two statutes creating the alleged greater and lesser offenses and the charging instrument to determine from these whether a…