Is it a lesser included?
Today, the SC Supreme Court held that ABHAN was not a lesser included of CSC because the legislature has "codified all degrees of assault and battery crimes, and has particularly set forth which offenses are lesser included offenses."
The next question is: what is the elements test to determine if a charge is a lesser included of another charge? From State v. Primus:
State v. Primus, 349 S.C. 576, 579, 564 S.E.2d 103, 105 (2002), overruled by State v. Gentry, 363 S.C. 93, 610 S.E.2d 494 (2005)