What is the effect of a rule in the criminal code allowing a defendant to plead guilty to a lesser charge if they are found guilty of the same offence?

'In People v. Bailey, 142 Cal. 434, 76 P. 49, the court pointed out that this rule gives the defendant his choice whether lesser offenses will be submitted to the jury. The court said (142 Cal. at p. 436, 76 P. at p. 49): 'The rule as above stated is, upon the whole, not unfavorable to a defendant. If he desires the jury to understand that they are not compelled to either find him guilty of the high crime charged or acquit him entirely, he can ask the court to so inform them. On the other hand, if he thinks that the jury cannot and will not convict him of the crime charged, and must therefore acquit him, his argument to them on that theory is not embarrassed by an interference of the court in

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