Warren v. State

1. On the trial of an accusation of the offense of larceny from the house the jury may find the1 accused not guilty of the offense charged in the accusation,- but, if the evidence warrants it, guilty of an attempt to commit that offense, though the accusation contain no special count charging such an attempt. Penal Code (1910), § 1061.

2. On the trial of an accusation of larceny from the house, the jury found the following verdict: “We, the jury, find the defendant not “guilty as charged in the bill of indictment, but guilty of an attempt to commit larceny.” Held: Verdicts must not be avoided…