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TUCKER v. STATE

No. 3-1180A344.

419 N.E.2d 1355 (1981)

Alonzo TUCKER, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied June 23, 1981.

Attorney(s) appearing for the Case

Hugo E. Martz, Valparaiso, for appellant.

Linley E. Pearson, Atty. Gen., Palmer K. Ward, Deputy Atty. Gen., Indianapolis, for appellee.

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

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