dj matkama Dental A
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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dj matkama Dental A
CRIMINAL PROCEDURE.
No. 9 of 1899.
569
Conviction for offence other than that charged.
for wound- ing on
57. If, on any trial for any felony, except murder or man- Conviction slaughter, where the indictment alleges that the accused
person did cut, stab, or wound any person, the jury are satisfied that indictment the accused person is guilty of the cutting, stabbing, or wound- for felonious ing charged in the indictment, but are not satisfied that he is 14&15 Vict.
wounding. guilty of the felony charged in the indictment, then and in every c. 19, s. 5. 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 indict- ment for the misdemeanor of cutting, stabbing, or wounding.
..
to rob on indictment for robbery.
with intent
58. If, on any trial for robbery, the jury are satisfied that Conviction the accused person is guilty of an assault with intent to rob, for assault 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.
on indict-
59. If, on any trial for burglary, stealing in a dwelling- Conviction. house, or breaking and entering and stealing in a shop, for burglary warehouse, or counting-house or in a building within the ment for curtilage of a dwelling-house, the jury are satisfied that the stealing in accused person is guilty of some one of the said offences, but house, etc.
dwelling- 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.
on indict-
60. If, on any trial for any offence, the jury are satisfied Conviction that the accused person is guilty of an attempt to commit the for attempt offence charged in the indictment, but are not satisfied that he ment for is guilty of the full offence so charged, then and in every such full offence. case the jury may acquit the accused person of such offence 14 & 15 Vict. and find him guilty of an attempt to commit the same, and
c. 100, s. 9.
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