Penal Code section 1097

When it appears that the defendant has committed a public offense, or attempted to commit a public offense, and there is reasonable ground of doubt in which of two or more degrees of the crime or attempted crime he is guilty, he can be convicted of the lowest of such degrees only.

Source: Section 1097, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=1097. (updated Jan. 1, 1978; accessed Oct. 13, 2025).

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Verified:
Oct. 13, 2025

§ 1097's source at ca.gov

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Location: https://california.public.law/codes/penal_code_section_1097

Original Source: Section 1097, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=1097. (last accessed May 12, 2025).