CRIMINAL PROCEDURE.
No. 9 of 1899.
925
(3) If it becomes necessary at any time for any purpose to draw up a formal record in any case where an amendment has been made, such record shall be drawn up in the form in which the indictment is after such amendment has been made, without taking any notice of the fact of such amendment having been made.
Conviction for Offence other than that charged.
[14 & 15 Vict. c. 100 s. 3.]
57. If, on any trial for any felony, except murder or manslaughter, 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.
Conviction for burglary on indictment for stealing in dwelling house, etc.
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.
[14 & 15 Vict. c. 100 s. 9.]
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CRIMINAL PROCEDURE.
No. 9 of 1899.
925
(3) If it becomes necessary at any time for any purpose to draw up a formal record in any case where an amendment has been made, such record shall be drawn up in the form in which the indictment is after such amendment has been made, without taking any notice of the fact of such amendment having been made.
Conviction for Offence other than that charged.
[14 & 15 Vict. c. 100 s. 3.]
57. If, on any trial for any felony, except murder or manslaughter, Conviction where the indictment alleges that the accused person did cut, stab, on indictment
for wounding
or wound any person, the jury are satisfied that the accused for felonious
wounding. person is guilty of the cutting, stabbing, or wounding charged in the [14 & 15 Vict. indictment, but are not satisfied that he is guilty of the felony
c. 19 s. 5.] 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 cut- ting, stabbing, or wounding.
for assault
indictment
for robbery.
58. If, on any trial for robbery, the jury are satisfied that the Conviction accused person is guilty of an assault with intent to rob, but are not with intent satisfied that he is guilty of the robbery charged in the indictment, to rob on 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 count ing 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 there- upon 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 burglary on indictment for stealing in dwelling house, etc.
60. If, on any trial for any offence, the jury are satisfied that the Conviction for attempt accused person is guilty of an attempt to commit the offence charged on indictment in the indictment, but are not satisfied that he is guilty of the full offence.
för full
[14 & 15 Vict.
3.100 s. 9.]
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