...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...

...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...

...thereof, they may, upon the same indictment, find the defendant guilty of manslaughter. Ib' SEC. 19. In all other cases the defendant may be found guilty...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,...

...purposely, and with premeditated malice, kUl," &c. Id. 435. This is classed with felonies. And again, "the defendant may be found guilty of any offence,...necessarily included in that with which he is charged iu the indictment." Id. 406. It has been repeatedly held, under these statutes, that a man may be acquitted...

...defendant may be found guilty of murder in the first or second degree, or manslaughter. He may also be found guilty of any offence, the commission of which is necessarily included in that which is charged, whether it be a felony or misdemeanor. (Code, 5222.) As malicious stabbing or shooting...

...JEOPARDY. — The Penal Code, section 1 159, provides that defendant may be found guilty of any offense, the commission of which is necessarily included in that with which he is charged. Defendant was convicted of an assault under an information charging him with an assault with intent...

...regulating Proceedings in Criminal Cases, provides — that in all cases a person may be found guilty of an offence, the commission of which is necessarily included in that with which he may be charged in the indictment. To find the defendant guilty of an " assault with intent to commit...

...of the defendant. § 9. That in all criminal causes the defendant may be found guilty of any offense the commission of which is necessarily included in that with which he charged in the indictment, or may be found guilty of an attempt to commit the offense so charged :...

...degree. It then declares, that " 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 tho indictment." 2 G. & H. 405, sees. 72, 73. It is attempted to sustain the overruling of the motion...

...any degree inferior thereto, or of an attempt to commit the offence. Section 73, 406, provides that in all other cases the defendant may be found guilty...necessarily included in that with which he is charged. Section 74, 406, provides that counts for murder in the first and second degree and for manslaughter...