40-18-112 - Uncertainty as to intent or means of offense.
40-18-112. Uncertainty as to intent or means of offense.
Where the intent with which, the mode in, or the means by which, an act is done are essential to the commission of the offense, and the offense may be committed with different intents, in different modes, or by different means, if the jury is satisfied that the act was committed with one (1) of the intents, in one (1) of the modes, or by either of the means charged, the jury shall convict, although uncertain as to which of the intents charged existed, or which mode, or by which of the means charged, the act was committed.
[Code 1858, § 5123; Shan., § 7086; Code 1932, § 11631; T.C.A. (orig. ed), § 40-2522.]