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" In all other cases the defendant may be found guilty of any offense, the commission of which is necessarily included in that with I. When voluntary manslaughter is itself the greater charge, proof of "sudden heat" may be required. Cite as 352 NE2d 523... "
Reports of Decisions of the Supreme Court of the State of Nevada - Side 318
av Nevada. Supreme Court - 1873
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Reports of Cases in Law and Equity, Determined in the Supreme ..., Volum 42

Iowa. Supreme Court - 1877
...includes the charge of entering in the night time. Section 4466 of the Code provides: " In all other cases the defendant may be found guilty of any offense,...the commission of which is necessarily included in The State v. Maxwell. that with which he is charged in the indictment." See Code 1873, section 3894....
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Reports of Cases Decided in the Supreme Court of the State of Utah, Volum 39

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Alonzo Blair Irvine, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1913
...INCLUDED IN OFFENSES CHARGED. Under Comp. Laws 1907, sec. 4893. authorizing the Jury to find accused guilty of any offense the commission of which is necessarily included in the offense charged, or of an attempt to commit the offense, one charged with murder by the combined...
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Pacific Coast Law Journal: Containing All the Decisions of the ..., Volum 6

1881
...robbery must aver every fact necessary to constitute larceny, and more. The jury may find a defendant guilty of any offense, the commission of which is necessarily included in that which is charged in the indictment." (Penal Code, Section 1159; People vs. Jones, 53 Cal. 58.) It was...
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The Pacific Reporter, Volum 175

1919
...assault with a sharp or dangerous weapon with intent to do bodily harm, the jury may find the defendant guilty of any offense, the commission of which is necessarily included in that with which the defendant is charged in the information, and it is the duty of the court to submit to the jury...
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The Pacific Reporter, Volum 83

1906
...the will of the female. Section 1159 of the Penal Code provides that "the Jury may find the defendant guilty of any offense, the commission of which Is necessarily included In that with wbjcb. he Is charged, or of an attempt to commit the offense." Where a statute Is free from ambiguity,...
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The Pacific Reporter, Volum 119

1912
...INCLUDED IN OFFENSES CHARGED. Under Сотр. Laws 1907, § 4S93, authorizing the jury to find accused guilty of any offense the commission of which is necessarily included in the offense charged, or of an attempt to commit the offense, one charged with murder by the combined...
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The Northeastern Reporter, Volum 43

1896
...favorable to appellant By section 1904, Rev. St 1894 (section 1835, Rev. St 1881) it is provided that "the defendant may be found guilty of any offense, the commission of which is necessarily included ta that with which he Is charged in the indictment or information." Now, the commission of manslaughter,...
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The Southwestern Reporter, Volum 15

1891
...g 1655, providing that the Jury or court may find defendant not guilty of the offense charged, but guilty of any offense the commission of which is necessarily included in that charged, a conviction may be bad for an attempt to commit a crime under an indictment for the actual...
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The Pacific Reporter, Volum 17

1888
...indictment, and guilty of any degree inferior thereto." The next section provides that "in all other cases the defendant may be found guilty of any offense the commission of which is necessarily included within that with which he is charged in the indictment. " It would seem from these sections that, if...
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The Northwestern Reporter, Volum 43

1890
...to commit rape. Neither of these positions is tenable. Gen. St. 1878, c. 114, § 19, provides that "the defendant may be found guilty of any offense...commission of which is necessarily included in that with the commission of which he is charged in the indictment." This is but declaratory of the common law,...
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