[jimfree]

A lesser included offense is, by name and definition, included. That is to say, you can establish it from the elements of the charged offense.

[SampleMan]

A lesser included offense is, by name and definition, included. That is to say, you can establish it from the elements of the charged offense.

Yes and no. In this case, the charge actually requires a different defense. Robbery is a lesser charge than murder, but I cannot wait until after you have rested your defense against murder to also charge you with taking $50 from the cash register.