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" In all other cases the defendant may be found guilty of any offense, the commission of which is necessarily included in that with which he is charged in the indictment. "
Reports of Cases Argued and Determined in the Supreme Court of Judicature of ... - Page 442
by Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, John Worth Kern, Francis Marion Dice, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1864
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A System of Penal Law for the State of Louisiana: Consisting of a Code of ...

Edward Livingston - Crime - 1833 - 768 pages
...specially, or by a general verdict. Art. 387. In every other case not herein specially provided for, the defendant may be found guilty of any offence the...commission of which is necessarily included in that of which he is accused, in the act of accusation. Art. 388. If the defence in any accusation of crime...
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A System of Penal Law for the State of Louisiana: Consisting of a Code of ...

Edward Livingston - Crime - 1833 - 768 pages
...specially, or by a general verdict. Art. 387. In every other case not herein specially provided for, the defendant may be found guilty of any offence the...commission of which is necessarily included in that of which he is accused, in the act of accusation. Art. 388. If the defence in any accusation of crime...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...of any degree inferior thereto, or of an attempt to commit the offence. § 522. In all other cases, the defendant may be found guilty of any offence,...necessarily included in that with which he is charged in the indictment. § 523. On an indictment against several, if the jury cannot agree upon a verdict...
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The Code of Criminal Procedure of the State of New York

New York (State)., New York (State). Commissioners on Practice and Pleadings - Criminal procedure - 1850 - 558 pages
...an attempt to commit the offence. Taken from 2 RS, 3d ed., 789, sec. 30. § 502. In all other cases, the defendant may be found guilty of any offence,...necessarily included in that with which he is charged in the indictment. This section is intended to provide for a class of cases not comprehended within...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...evidence as established to their satisfaction, the court shall order a new trial. SEC. 424. In all cases the defendant may be found guilty of any offence,...necessarily included in that with which he is charged in the indictment, or may be found guilty of an attempt to commit the offence charged. SEC. 425. On...
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The Statutes of Oregon: Enacted, and Continued in Force, by the Legislative ...

Oregon - Law - 1855 - 670 pages
...upon the same indictment, find the defendant guilty of manslaughter. Ib' SEC. 19. In all other cases the defendant may be found guilty of any offence,...commission of which is necessarily included in that which he is charged in the indictment. a°rtlluf'lSdo° SEC. 20. On an indictment against several,...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - Law - 1857 - 834 pages
...a now trial. Ант. 1665, Sec. 424. In all cases the defendant may be found guilty of any offense, ract, Авт. 11, Sec. 11. For the purpose of constituting an adverse possession in the indictment, or may be found guilty of an attempt to commit the offense charged. (1) ART. 1666,...
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The Statutes of the Territory of Kansas

Kansas - Law - 1858 - 482 pages
...offence, in the indict- SEC. 23. That in all other cases the defendant may be found ment. guilty of an offence, the commission of which is necessarily included in that with which he is charged in the indictment. de0ruin*fintmand SEC. 24. That counts for murder in the first and second MuUbr nfan-*'...
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General Laws of the Territory of Kansas

Kansas - Session laws - 1859 - 726 pages
...attempt to commit the offence. SEC. 108. In all other cases the defendant may be found guilty of an offence, the commission of which is necessarily included in that with which he is charged in the indictment. SEC. 109. Counts for murder in the first and second decree, Murder in tnt 3 and...
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Provisional Laws and Joint Resolutions Passed at the First and Called ...

Colorado, Jefferson Territory - Civil law - 1860 - 312 pages
...satisfaction, the court may order them to retire for further deliberation. SEC. 321. In all other cases the defendant may be found guilty of any offence the...necessarily included in that with which he is charged in the indictment. Jury may agree as to part of the offenders. SEC. 322. On an indictment against several,...
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