State v. Eustace

Appellants were convicted of night hunting as defined in S. C. Code Ann. § 50-11-20 (1976 and Supp. 1987).1 We affirm.

Appellants assert that the trial court’s failure to charge the jury on spotlighting as a lesser included offense of night hunting constituted error. We disagree.

The test to determine if a crime is a lesser included offense of the crime charged is whether the greater offense includes all of the elements of the lesser offense. State v. Ritter, 296 S. C. 51, 370 S. E. (2d) 610 (1988); State v. Suttles, 279 S. C. 87, 302 S. E. (2d) 338 (1983).

Section 50-11-20 provides, in part:

Ther…