What is the test for determining whether a defendant is guilty of a lesser crime under section 1157 of the California Penal Code?
California, United States of America
The following excerpt is from People v. Wein, 137 Cal.Rptr. 814, 69 Cal.App.3d 79 (Cal. App. 1977):
Penal Code section 1157 provides that 'Whenever a defendant is convicted of a crime which is distinguished into degrees, the jury . . . must find the degree . . .. Upon the failure of the jury . . . (to do so) . . . the degree of the crime of which the defendant is guilty, shall be deemed to be of the lesser degree.' (Also see People v. De Arkland, 262 Cal.App.2d 802, 69 Cal.Rptr. 144.)
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