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Cal. Rules of Court, rule 1157
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§ 1157 Whenever a defendant is convicted of a crime or attempt to commit a crime which is distinguished into degrees, the jury, or the court if a jury trial …
Part 2: Of Criminal Procedure | Title 7: Of Proceedings After the Commencement of the Trial and Before Judgment | Chapter 4: The Verdict or Finding
Rule Text
Whenever a defendant is convicted of a crime or attempt to commit a crime which is distinguished into degrees, the jury, or the court if a jury trial is waived, must find the degree of the crime or attempted crime of which he is guilty. Upon the failure of the jury or the court to so determine, the degree of the crime or attempted crime of which the defendant is guilty, shall be deemed to be of the lesser degree.
Amendment history: Amended by Stats. 1978, Ch. 1166.