§ 12-17-14 - Conviction of lesser-included offense or attempt.
SECTION 12-17-14
§ 12-17-14 Conviction of lesser-includedoffense or attempt. – Whenever any person is tried upon an indictment, information, or complaint andthe court or jury, as the case may be, shall not be satisfied that he or she isguilty of the whole offense, but shall be satisfied that he or she is guilty ofso much of the offense as shall substantially amount to an offense of a lowernature, or that the defendant did not complete the offense charged, but that heor she was guilty only of an attempt to commit the same offense, the court orjury may find him or her guilty of the lower offense or guilty of an attempt tocommit the offense, as the case may be, and the court shall proceed to sentencethe person for the offense of which he or she shall be so found guilty,notwithstanding that the court had not otherwise jurisdiction of the offense.