Whenever any person is tried upon an indictment, information, or complaint and the
court or jury, as the case may be, shall not be satisfied that he or she is guilty
of the whole offense, but shall be satisfied that he or she is guilty of so much of
the offense as shall substantially amount to an offense of a lower nature, or that
the defendant did not complete the offense charged, but that he or she was guilty
only of an attempt to commit the same offense, the court or jury may find him or her
guilty of the lower offense or guilty of an attempt to commit the offense, as the
case may be, and the court shall proceed to sentence the person for the offense of
which he or she shall be so found guilty, notwithstanding that the court had not otherwise
jurisdiction of the offense.
Notes of Decisions
Cited in
26
cases, 1959–2019 · leading case:
In re B.H., 138 A.3d 774 (R.I. 2016).
In re B.H., 138 A.3d 774 (R.I. 2016).
· cites it 8× “1956 § 12-17-14, which provides that: “Whenever any person is tried upon an indictment, information, or complaint and the court or jury, as the case may •be, shall not be satisfied that he or she is guilty of the whole offense, but shall be satisfied that he or she is guilty of…”
State v. Andujar, 899 A.2d 1209 (R.I. 2006).
· cites it 5× “Instead, the mere existence of G.L.1956 § 12-17-14 10 indicates a clear legislative desire to maintain the inchoate/choate divide.”
State v. Cipriano, 430 A.2d 1258 (R.I. 1981).
· cites it 5× “General Laws 1956 (1969 Reenactment) § 12-17-14, as amended by P.L.1974, ch. 118, § 13, provides that when an indictment or information or complaint charges a person with an offense that includes another lesser offense, he may be found guilty of such lower offense.”
People v. Fontenot, 447 P.3d 252 (Cal. 2019).
“465 ; R.I. Gen. Laws § 12-17-14 ; S.D. Codified Laws § 23A-26-8 ; Tenn.”
State v. Rodriguez, 822 A.2d 894 (R.I. 2003).
· cites it 2× “General Laws 1956 § 12-17-14 provides that: "[w]henever any person is tried upon an indictment, information, or complaint and the court or jury, as the case may be, shall not be satisfied that he or she is guilty of the whole offense, but shall be satisfied that he or she is…”
State v. Gillespie, 960 A.2d 969 (R.I. 2008).
· cites it 2× “2d at 1285 ); see also § 11-23-1 and G.L. 1956 § 12-17-14. “[I]f the state proceeds on a theory of an intent to kill and the duration of the intent to kill is questionable, an instruction on both first- and second-degree murder should be given.”
State v. Dordain, 566 A.2d 942 (R.I. 1989).
· cites it 3× “1956 (1981 Reenactment) § 12-17-14 and provides: “Conviction of lower offense or attempt.”
State v. Sundel, 402 A.2d 585 (R.I. 1979).
· cites it 2× “1956 (1969 Reenactment) §12-17-14, he stated that “[wjhenever any person is tried upon an indictment, and the jury shall not be satisfied he is guilty of the whole offense, but shall be satisfied that he is guilty of so much thereof as shall substantially amount to an offense of…”
Hagans v. State, 559 A.2d 792 (Md. 1989).
“50 (Consol.1986); N.C.Gen.Stat. § 15-170 *448 (1988); Ohio Rev.”
Jefferson v. State, 472 A.2d 1200 (R.I. 1984).
· cites it 2× “1956 (1981 Reenactment) § 12-17-14, “[W]henever any person is tried upon an indictment, information, or complaint and the court or jury, as the case may be, shall not be satisfied that he is guilty of the whole offense but shall be satisfied that he is guilty of so much thereof…”
State v. Ortiz, 824 A.2d 473 (R.I. 2003).
“General Laws 1956 § 12-17-14 provides that: “Whenever any person is tried upon an indictment, information, or complaint and the court or jury, as the case may be, shall not be satisfied that he or she is guilty of the whole offense, but shall be satisfied that he or she is…”
State v. Walsh, 277 A.2d 298 (R.I. 1971).
· cites it 3× “1956, § 12-17-14 1 and informed the jury that on the evidence before them, they could find the defendant guilty of any *520 lesser offense contained within the offense described in the indictment.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.