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STATE v. GILMAN

No. 14087.

673 P.2d 1085 (1983)

105 Idaho 891

STATE of Idaho, Plaintiff-Respondent, v. Robert J. GILMAN, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied March 6, 1984.

Attorney(s) appearing for the Case

Kenneth F. White, Nampa, for defendant-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent.

BURNETT, Judge.

In this criminal case we examine the relationship between due process and the concept of a "lesser included" offense. Robert Gilman was charged with rape. The prosecutor's information alleged that he had "accomplish[ed] an act of sexual intercourse" with a twelve-year-old girl. A jury found him not guilty of the crime charged but guilty of lewd conduct with a minor, which had been described in jury instructions as a lesser included offense. Judgment...

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