Home/California/Statutes/Code PEN: Penal Code - PEN/Title: 7./Part 2.: TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT/Ch. 2.: CHAPTER 2. The Trial/§ 1097.
California Statutes

§ 1097. — 1097. (Amended by Stats. 1978, Ch. 1166.)

California § 1097.
JurisdictionCalifornia
Code PENPenal Code - PEN
Title7.
Part 2.TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT
Ch. 2.CHAPTER 2. The Trial

This text of California § 1097. (1097. (Amended by Stats. 1978, Ch. 1166.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cal. Penal Code - PEN Code § 1097. (2026).

Text

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.

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Related

Territory of Guam v. Ignacio
852 F.2d 459 (Ninth Circuit, 1988)
2 case citations

Legislative History

Amended by Stats. 1978, Ch. 1166.
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California § 1097., Counsel Stack Legal Research, https://law.counselstack.com/statute/ca/PEN/1097..