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" Upon an indictment for a crime consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment, and guilty of any degree inferior thereto, or of an attempt to commit the crime. "
Penal Law and the Code of Criminal Procedure of the State of New York: With ... - Page 12
by New York (State) - 1927 - 1205 pages
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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
...to their satisfaction, the court shall order a new trial. § 521. Upon aij indictment for an offence consisting of different degrees the jury may find...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, the commission...
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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 - 562 pages
...See the cases cited in 1 Gra. Prac., 3d ed., 775, note 1. § 501. Upon an indictment for an offence consisting of different degrees, the jury may find...degree inferior thereto, or of 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...
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The Revised Code of the District of Columbia

District of Columbia - Law - 1857 - 788 pages
...21. Upon an indictment for an offence consisting of different degrees, the jury may find the accused not guilty of the degree charged in the indictment,...degree inferior thereto or of an attempt to commit any such offence. SEC. 22. In all other cases the accused may be found guilty of aa offence the commission...
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - Session laws - 1866 - 802 pages
...punished as a misdemeanor by fine or imprisonment, or both. SEC. 100. Upon an indictment for an offence consisting of different degrees, the jury may find...degree inferior thereto, or of an attempt to commit the offence. -3 SEC. 101. In all other cases, the defendant may be found guilty of an offence, the commission...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - Law - 1866 - 792 pages
...punished as a misdemeanor by fine or imprisonment, or both. SEC. 100. Upon an indictment for an offence consisting of different degrees, the jury may find...charged in the indictment, and guilty of any degree inferiorthereto, or of an attempt to commit the offence. SEC. 101. In all other cases, the defendant...
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Reports of Cases in Law and Equity, Determined in the Supreme ..., Volume 21

Iowa. Supreme Court - Law reports, digests, etc - 1868 - 658 pages
...offense consisting of different degrees, The State of Iowa v. Jarvis. i the jury may find the defendants not guilty of the degree charged in the indictment,...degree inferior thereto, or of an attempt to commit the offense, if punishable by indictment. " Section 4836 (3039). In all other cases the defendant may be...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - Law - 1872 - 802 pages
...punished as a misdemeanor by fine or imprisonment or both. Sec. 182. Upon an indictment for an offence consisting of different degrees, the jury may find...degree inferior thereto, or of an attempt to commit the offence. Sec. 183. In all other cases, the defendant may be found guilty of an offence, the commission...
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The American Reports: Containing All Decisions of General ..., Volume 20

Isaac Grant Thompson - Law reports, digests, etc - 1877 - 882 pages
...offense consisting of different degrees, the jury may find the defendant not guilty of the offense charged in the indictment, and guilty of any degree inferior thereto, or of an attempt to commit the offense, if punishable by indictment." "Sec. 4466. In all other cases the defendant may be found guilty...
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Iowa Criminal Code and Digest and Criminal Pleading and Practice

Jacob Conrad Davis - Criminal law - 1879 - 698 pages
...it is either " for the state " or " for the defendant." SEC. 4465. Upon an indictment for an offense consisting of different degrees, the jury may find...charged in the indictment, and guilty of any degree infti-ior thereto, or of an attempt to commit the offense, it' punishable by indictment. SEC. 4466....
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A Treatise on the Criminal Law and Criminal Courts of the State of ..., Volume 2

Oliver Lorenzo Barbour - Criminal law - 1883 - 840 pages
...People, 61 Barb., 307 ; Gardiner v. People, 6 Park., 155.) / By the Code of Criminal Procedure — Upon an indictment for a crime consisting of different...inferior thereto, or of an attempt to commit the crime. (§ 444.) See Penal Code, § 35. effected the common law rule respecting the right to convict of an...
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