CAP. 221]
Conviction for assault with intent to rob on indictment for robbery,
Conviction for burglary for stealing in dwelling-house, etc.
Criminal Procedure.
62. 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.
63. 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.
Conviction for attempt for full offence.
c. 100, s. 9.
64. If, on any trial for any offence, the jury are on indictment 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 attempting to commit such offence.
Conviction for misdemeanor although facts amount to felony.
65. If, on any trial for misdemeanor, the facts given in evidence amount to a felony, the accused person shall not be therefore acquitted of such misdemeanor; and no person tried for such misdemeanor shall be liable afterwards to be prosecuted for felony on the same facts, unless the court thinks fit to discharge the jury from giving any verdict on such trial and to direct the accused person to be
c. 100, s. 12.
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