Alabama Statutes
§ 13A-5-41 — Lesser Included Offenses
Alabama·Title 13A Criminal Code·Ch. 5 Punishments and Sentences·Art. 2 Death Penalty and Life Imprisonment Without Parole
Subject to the provisions of Section 13A-1-9(b), the jury may find a defendant indicted for a crime defined in Section 13A-5-40(a) not guilty of the capital offense but guilty of a lesser included offense or offenses. Lesser included offenses shall be defined as provided in Section 13A-1-9(a), and when there is a rational basis for such a verdict, include but are not limited to, murder as defined in Section 13A-6-2(a), and the accompanying other felony, if any, in the provision of Section 13A-5-40(a) upon which the indictment is based.
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Legislative History
(Acts 1981, No. 81-178, p. 203, §3; Acts 1982, No. 82-567, p. 945, §1.)
Nearby Sections
15
§ 13A-1-1
Short Title§ 13A-1-11
Effective Date§ 13A-1-2
Definitions§ 13A-1-3
General Purposes of Title§ 13A-1-6
General Rule of Construction§ 13A-1-8
Procedural Matters; Civil Liabilities Not Affected by Title; Prosecution When More Than One Offense§ 13A-1-9
Lesser Included Offenses§ 13A-10-1
Definitions§ 13A-10-10
Impersonating Public Servant§ 13A-10-100
Definitions§ 13A-10-101
Perjury in the First Degree§ 13A-10-102
Perjury in the Second Degree