Wash. Rev. Code » Title 10 · Chapter 10.61
Revised Code of Washington

Wash. Rev. Code § 10.61.010 (2026)

Conviction of lesser crime

✓ current as of May 2026
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Upon the trial of an indictment or information, the defendant may be convicted of the crime charged therein, or of a lesser degree of the same crime, or of an attempt to commit the crime so charged, or of an attempt to commit a lesser degree of the same crime. Whenever the jury shall find a verdict of guilty against a person so charged, they shall in their verdict specify the degree or attempt of which the accused is guilty.
[ 1909 c 249 s 11; RRS s 2263. FORMER PARTS OF SECTION: (i) 1891 c 28 s 75; Code 1881 s 1097; 1854 p 120 s 122; RRS s 2167, now codified as RCW 10.61.003. (ii) 1891 c 28 s 76; Code 1881 s 1098; 1854 p 120 s 123; RRS s 2168, now codified as RCW 10.61.006.] [SLC-RO-11]
Notes of Decisions
Cited in 29 cases (1 in the last 5 years), 1958–2021 · leading case: State v. Gamble, 114 P.3d 646 (Wash. 2005).
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State v. Gamble, 114 P.3d 646 (Wash. 2005). “and guilty of any degree inferior thereto"); RCW 10.61.010 (conviction of lesser crime).”
State v. Gamble, 154 Wash. 2d 457 (Wash. 2005). “and guilty of any degree inferior thereto”); RCW 10.61.010 (conviction of lesser crime).”
State v. Coryell, 483 P.3d 98 (Wash. 2021). “010 (1909): Upon the trial of an indictment or information, the defendant may be convicted of the crime charged therein, or of a lesser degree of the same crime, or of an attempt to commit the crime so charged, or of an attempt to commit a lesser degree of the same crime.…”
State v. Luther, 134 P.3d 205 (Wash. 2006). “003 (“[u]pon an indictment or information for an offense consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment or information, and guilty of any degree inferior thereto, or of an attempt to commit the offense”); RCW…”
State v. Luther, 134 P.3d 205 (Wash. 2006). “003 ("[u]pon an indictment or information for an offense consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment or information, and guilty of any degree inferior thereto, or of an attempt to commit the offense"); RCW…”
State v. Daniels, 784 P.2d 579 (Wash. Ct. App. 1990). · cites it 2× “003: Upon an indictment or information for an offense consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment or information, and *651 guilty of any degree inferior thereto, or of an attempt to commit the offense.”
State v. Tamalini, 953 P.2d 450 (Wash. 1998). “See also RCW 10.61.010, which states: “Upon the trial of an indictment or information, the defendant may be convicted of the crime charged therein, or of a lesser degree of the same crime, or of an attempt to commit the crime so charged, or of an attempt to commit a lesser…”
State v. Mannering, 75 P.3d 961 (Wash. 2003). “It would be a strained interpretation of the duress statute to allow a defendant to assert duress for attempted murder when that charge is included within murder.”
State v. Mannering, 150 Wash. 2d 277 (Wash. 2003). “It would be a strained interpretation of the duress statute to allow a defendant to assert duress for attempted murder when that charge is included within murder.”
State v. Martinez, 884 P.2d 3 (Wash. Ct. App. 1994). · cites it 2× “” RCW 10.61.010 provides that "[u]pon the trial of an .”
State v. Gallegos, 828 P.2d 37 (Wash. Ct. App. 1992). “RCW 10.61.010. *235 Gallegos asserts that since the second degree rape charge is defective, the attempted second degree rape charge is also defective.”
State v. McDonald, 123 Wash. App. 85 (Wash. Ct. App. 2004). “19 Agreeing, we hold that the evidence in this case presents a jury question on whether the Hintons’ house was a “dwelling.” Reversed and remanded for new trial.”
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