State v. Marshall

Numerous errors are assigned herein, thé first arising from certain instructions offered by the defendant, which were refused by the court, to the point that larceny was an included offense finder the charge here made against the defendant, and should have been submitted to the jury.

Under Section 13919, Code of 1927, the jury is given the power to find the defendant not guilty of the degree'charged in the indictment, and guilty of any degree inferior thereto or of an attempt to commit the offense.

Section 13920 reads as follows:

“In all other eases, the defendant may be found guilty of any…