Kiser v. State

1. “Whenever a lower offense is involved in an indictment for a higher one, it is the duty of the court, in a proper case, without request, to charge the law applicable to the lower offense. The evidence in this case made one proper for the court to instruct the jury upon the law of fornication, and to inform the jury that they could convict the defendant of that offense if they found that he was not guilty of the higher offense of seduction;” and his failure to so instruct them was error requiring the grant of a new trial.(a) “The denial of the defendant of his having intercourse with the…