United States v. Willie Whitaker

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• on particular facts that requested charge on unlawful entry should have been given in prosecution for first degree burglary
• “cognate approach” focuses upon facts in indictment to determine whether defendant had notice of possible lesser offense
• in order to justify submitting to the jury an instruction as a lesser included offense “there must be an ‘inherent’ relationship between the greater and lesser offenses, /. e., they must relate to the protection of the same interests ... ”
• generally, though not invariably, proofs must overlap
• generally, though not invariably, proofs must overlap
• unlawful entry included within burglary

Source: CourtListener parenthetical corpus (CC0).