46.3108 Conviction of included offenses.
(a) A defendant may be convicted of an offense included in an offense charged in the indictment or information. An offense is so included when:
(1) it is established by proof of it or less than all the facts required to establish the com-mission of the offense charged; or
(2) it is specifically denominated by statute as a lesser degree of the offense charged; or
(3) it consists of an attempt to commit the offense charged or to commit an offense otherwise included in it.
(b) The court is not to be obligated to charge the jury with respect to an included offense unless there is a basis for a verdict acquitting the defendant of the offense charged and con-victing him of the included offense.History: 1979, PL 16-43 § 2.
Research Guide: MCC 556 046.