§ 1097
52 words·~1 min read·
/ca/penal-code/1097A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.