Keeble v. U.S., No. 72-5323 (U.S. Supreme Court) (412 U.S. 205; 93 S.Ct. 1993) (May 29, 1973) (Justice Brennan)
Case held that a defendant is entitled to an instruction on a lesser included offense "if the evidence would permit a jury rationally to find him guilty of the lesser offense and acquit him of the greater." (Id., at 208). The Court explained: "[I]f the prosecution has not established beyond ...
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