...omission to state the place is so. By section 1035 Rev. Stat. a party may be found guilty of any offence the commission of which is necessarily included in that with which he is charged in the indictment, or may be found guilty of an attempt to commit the offence so charged. The verdict...

...intention of doing so. The jury, therefore, if properly instructed, might have found 'This section provides that the jury may find the defendant guilty...necessarily included in that with which he is charged. him guilty ot a simple assault. It is said that the defendant ought to have asked for an instruction...

...intent to murder. Section 4466 of the (Jode provides that "in all other cases the defendant may be found guilty of any offense the commission of which is necessarily included in that with which he is charged in the indictment. " It is doubtless correct that if this indictment had charged an assault merely,...

...cases, jury may convict, etc. — In all other cases the defendant may be found guilty of any crime, the commission of which is necessarily included in that with which he is charged in the indictment. See People r. Jackson, 3 Hill, 92 ; People v. McTameney, 30 Hun, 505 ; 13 Abb. NC...

...intention of doing so: The jury, therefore, if properly instructed, might have found 1 This section provides that the Jury may find the defendant guilty of any offense the commis siou of which is necessarily included in that with which he is charged. bim guilty of a simple...

...intent to rob, under the provisions of Section 7429, Comp. Laws, which reads as follows: "The'jury ' may find the defendant guilty of any offense, the...necessarily included in that with which he is charged in the indictment, or with an attempt to commit the attempt [offense]." But we are of the opinion that...

...IXSTKÜCTIONS. 1. Under Code, | 4466, applicable to prosecutions for rape, providing that defendant may bo found guilty of any offense the commission of which is necessarily included in that with which lie is charged, one indicted for rape may be convicted of assault and battery. 2. \yhere, on a prosecution...

...necessarily included in that charge. — In all other cases, the defendant may be found guilty of any crime, the commission of which is necessarily included in that with which he is charged in the indictment. See People v. McTameney, 18 Abb. NC 57; 66 How. Pr. 73; People v. Palner, 43 Hun....

...with intent to kill under the statute which provides that " in all cases the defendant may be found guilty of any offense the commission of which is necessarily included in that with wbie-h be is charged in the indictment, or may be found guilty of nn attempt to commit the offense...

...where the charge is for an assault with intent to commit a felony, and authorizing the jury to convict "of any offense the commission of which is necessarily included in that charged:" and a conviction for assault with intent to ravish will not be sustained where the evidence...