Title 16, Chapter 1, Section 6
( 16-1-6)
An accused may be convicted of a crime included in a crime charged
in the indictment or accusation. A crime is so included when: (1) It is established by proof of the same or less than all the
facts or a less culpable mental state than is required to
establish the commission of the crime charged; or (2) It differs from the crime charged only in the respect that a
less serious injury or risk of injury to the same person,
property, or public interest or a lesser kind of culpability
suffices to establish its commission. |