Criminal Law Amendment Act, 1935
|
Power to convict otherwise than as indicted. |
3.—If upon the trial of any indictment for rape, or any offence made felony by section 1 of this Act, the jury shall be satisfied that the defendant is guilty of an offence under section 3 of the Criminal Law Amendment Act, 1885 , or under either section 1 or section 2 of this Act, or of an indecent assault, but are not satisfied that the defendant is guilty of the felony charged in such indictment, or of an attempt to commit the same, then and in every such case the jury may acquit the defendant of such felony, and find him guilty of such offence as aforesaid, or of an indecent assault (as the case may be), and thereupon such defendant shall be liable to be punished in the same manner as if he had been convicted for such offence as aforesaid, or for the misdemeanour of indecent assault, as the case may be. |