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CRIMINAL PROCEDURE.
No. 9 of 1899.
569
Conviction for offence other than that charged.
57. If, on any trial for any felony, except murder or manslaughter, where the indictment alleges that the accused person did cut, stab, or wound any person, the jury are satisfied that the accused person is guilty of the cutting, stabbing, or wounding charged in the indictment, but are not satisfied that he is guilty of the felony charged in the indictment, then and in every such case the jury may acquit the accused person of such felony and find him guilty of unlawful cutting, stabbing, or wounding, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for the misdemeanor of cutting, stabbing, or wounding.
58. If, on any trial for robbery, the jury are satisfied that the accused person is guilty of an assault with intent to rob, but are not satisfied that he is guilty of the robbery charged in the indictment, then and in every such case the jury may acquit the accused person of such robbery and find him guilty of an assault with intent to rob, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for feloniously assaulting with intent to rob.
59. If, on any trial for burglary, stealing in a dwelling-house, or breaking and entering and stealing in a shop, warehouse, or counting-house or in a building within the curtilage of a dwelling-house, the jury are satisfied that the accused person is guilty of some one of the said offences, but are not satisfied that he is guilty of the offence charged in the indictment, then and in every such case the jury may acquit the accused person of the offence charged in the indictment and find him guilty of the said other offence, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment charging him with such other offence.
60. If, on any trial for any offence, the jury are satisfied that the accused person is guilty of an attempt to commit the offence charged in the indictment, but are not satisfied that he is guilty of the full offence so charged, then and in every such case the jury may acquit the accused person of such offence and find him guilty of an attempt to commit the same, and thereupon the accused person shall be liable to be punished in the same manner as if he had been convicted upon an indictment for attempt to commit the same.
14 & 15 Vict. c. 100, s. 9.
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