Code of Alabama |
Match Context and Document information |
URL: | http://alisondb.legislature.state.al.us/alison/CodeOfAlabama /1975/13A-1-9.htm |
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Depth: | 0 singles |
Size: | 1,290 bytes |
Modified: | 2004-12-22 09:52:02 |
Categories: | -None- |
Title: | 13A-1-9 |
Description: | -None- |
Keywords: | -None- |
Meta data: | -None- |
Body: | Section 13A-1-9 Lesser included offenses. (a) A defendant may be convicted of an offense included in an offense charged. An offense is an included one if: (1) It is established by proof of the same or fewer than all the facts required to establish the commission of the offense charged; or (2) It consists of an attempt or solicitation to commit the offense charged or to commit a lesser included offense; or (3) It is specifically designated by statute as a lesser degree of the offense charged; or (4) It differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property or public interests, or a lesser kind of culpability suffices to establish its commission. (b) The court shall not charge the jury with respect to an included offense unless there is a rational basis for a verdict convicting the defendant of the included offense. (Acts 1977, No. 607, p. 812, ยง126.) |