There is a newer version of the California Code
2015 California Code
Penal Code - PEN
PART 2 - OF CRIMINAL PROCEDURE
TITLE 7 - OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT
CHAPTER 2 - The Trial
Section 1097.
CA Penal Code § 1097 through (2015) Leg Sess What's This?
1097. 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.
(Amended by Stats. 1978, Ch. 1166.)
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