California Legal Codes and Statutes

§ 1097

Amended by Stats. 1978, Ch. 1166.

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.

Cite this section

Cal. Pen. Code § 1097 (2026)
https://ca.codecond.com/codes/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

Other sections in Chapter 2 - The Trial

§ 1093§ 1093.5§ 1094§ 1095§ 1096§ 1096a§ 1097§ 1098§ 1099§ 1100…§ 1127b§ 1127c§ 1127d§ 1127e§ 1127f§ 1127g§ 1127h§ 1128§ 1129§ 1130

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