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Home / Opinion Digests / Criminal Law / Criminal – Attempted Rape – Jury Instruction – Lesser-Included Offense (access required)

Criminal – Attempted Rape – Jury Instruction – Lesser-Included Offense (access required)

A defendant who agreed to jury instructions that included finding instructions on both attempted rape and assault and battery cannot on appeal challenge his conviction for assault and battery on the ground that it is not a lesser-included offense of attempted rape, the charged offense, the Court of Appeals says. Defendant invited error by agreeing to ...