Appendix 8.
Lesser Included Offenses
This table lists certain major offenses, some lesser offenses which are included within those major offenses, and some offenses which have been held not to be included offenses. It is not an all inclusive list, nor can it be applied mechanically in every case. There is often a justifiable divergence of opinion, depending on the form of the specification and the facts of the case, as to whether a particular offense is included within the principal offense charged. This table, therefore, is intended as a general guide and must be used in all cases with caution.
| Principal offense | Lesser included | Reference | Not included | Reference |
| Absence without leave (AW 61). | ----- | ----- | Failure to repair to properly appointed place of duty (AW 61). | Dig. Op. JAG 1912-40, sec. 419 (3). |
| Assault with intent to commit murder or manslaughter (AW 93). | Assault with intent to do bodily harm
(AW 93). Lesser degrees of assault (AW 96). |
1921 MCM, par. 377 ----- |
----- ----- |
|
| Assault with intent to commit rape (AW 96). | Assault (AW 96). Attempt to commit rape (AW 96). |
Dig. Op. JAG 1912-40, sec. 451 (4). ----- |
Assault and battery (AW 96). ----- |
Dig. Op. JAG, 1912-40, sec. 451 (4). But see sec. 451 (59). |
| Assault with intent to rob (AW 93). | ----- | ----- | Assault with intent to do bodily harm (AW 93). | Dig. Op. JAG, 1912-40, sec. 451 (59). |
| Assault with intent to do bodily harm with a dangerous weapon (AW 93). | Assault with a danger weapons (AW 96). Assault (AW 96). |
Dig. Op. JAG 1912-40, sec. 451 (8). Dig Op. JAG, 1912-40, sec. 451 (9) and (13). |
Attempting to strike officer or noncommissioned officer
(AW 64, 65). ----- |
Dig. Op. JAG, 1912-40, Sup. I, sec. 451 11a). |
| Assault with intent to do bodily harm (AW 96). | Assault (AW 96). | ----- | ----- |