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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. "
Acts of the State of Ohio - Page 353
by Ohio - 1877
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...satisfaction, the court shall order a new trial. § 521. Upon aij indictment for an offence 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 offence....
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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 - 1850 - 562 pages
...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 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 offence....
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The Statutes of Oregon: Enacted, and Continued in Force, by the Legislative ...

Oregon - 1855 - 670 pages
...another term. fln7 d,.f™^ SEC. 18. Upon an indictment for an offence consisting of different '"^g"1!" "'degrees, the jury may find the defendant not guilty of the degree &as , ee, cjiargc(j jn t}ie in(3ictment, and guilty of any degree inferior thereto ; upon an indictment...
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Laws, Resolutions, and Memorials of the Territory of Montana Passed at the ...

Montana (Ter.) - 1866 - 792 pages
...misdemeanor by fine or imprisonment, or both. SEC. 100. Upon an indictment for an offence consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment, and guilty of any degree inferiorthereto, or of an attempt to commit the offence....
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Acts, Resolutions and Memorials, of the Territory of Montana, Passed by the ...

Montana - 1866 - 802 pages
...misdemeanor by fine or imprisonment, or both. SEC. 100. Upon an indictment for an offence 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 offence....
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General Laws, Resolutions, and Memorials of the Territory of Wyoming

Wyoming - 1870 - 808 pages
...falsely obtained. Sue. 157. Upon an indictment for an offense consisting J^ty m*? t* 0 not K'.iilly of different degrees, the jury may find the defendant...not guilty of the degree charged, and guilty of any degree inferior thereto, and upon an indictment for any offense, the jury may find the defendant not...
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Mississippi State Cases: Being Criminal Cases Decided in the High ..., Volume 2

1872 - 954 pages
...467. 9. Under the statute, Hutch. Code, 983, § 22, upon an indictment for an offense consisting of different degrees, the jury may find the defendant not guilty of the offer.se charged, but guilty of nn inferior degree of such offense, and such a conviction will be a...
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 102

Ohio. Supreme Court - 1922 - 848 pages
...of the offense charged but guilty of an attempt to commit it, if such attempt is an offense at law. When the indictment charges an offense including different...defendant not guilty of the degree charged and guilty of an inferior degree thereof," etc. It should be noted that both sections deal with included degrees...
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Reports of Cases Argued and Determined in the Supreme Court of Ohio, Volume 42

Ohio. Supreme Court - 1885 - 1744 pages
...offense charged, but guilty of an attempt to commit the same, if such attempt is an offense ; when an indictment charges an offense including different...defendant not guilty of the degree charged, and guilty of an inferior degree." § 7310. This statute did not in terms enlarge the powers of the court, as they...
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Reports of Cases in Law and Equity, Determined in the Supreme ..., Volume 41

Iowa. Supreme Court - 1876 - 762 pages
..."criminal procedure " provides as follows: " SEO. 4465. Upon an indictment for an 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...
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