The jury, or the judge if a jury trial is waived, may find the defendant guilty of any offense, the commission of which is necessarily included in that with which he is charged, or of an attempt to commit the offense.
Cal. Penal Code § 1159
The Verdict or Finding
Applied in 102 court decisions — leading case 70 Cal. 2d 522 - People v. Ireland (1969)
Most recently applied in 6 Cal. 5th 1077 - People v. Aranda (April 2019)
Amended by Stats. 1951, Ch. 1674.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.