Statute · California Penal Code

Cal. Penal Code § 1097 — The Trial

Cal. Penal Code § 1097

Type
Statute
Source
California Penal Code
Jurisdiction
California
Current through
Nov 2, 2026 (California Legislative Counsel)

When it appears that the defendant has committed a public offense, or attempted to commit a public offense, and there is reasonable ground of doubt in which of two or more degrees of the crime or attempted crime he is guilty, he can be convicted of the lowest of such degrees only.

Citator

Cal. Penal Code § 1097 — The Trial is in force in the current edition of the Code, and nothing recorded condemns it.

When it appears that the defendant has committed a public offense, or attempted to commit a public offense, and there is reasonable ground of doubt in which of two or more degrees of the crime or attempted crime he is guilty, he can be convicted of the lowest of such degrees only.