77-17-1. Doubt as to degree — Conviction only on lowest.
When it appears the defendant has committed a public offense and there is reasonable doubt as to which of two or more degrees he is guilty, he shall be convicted only of the lower degree.
When it appears the defendant has committed a public offense and there is reasonable doubt as to which of two or more degrees he is guilty, he shall be convicted only of the lower degree.
Enacted by Chapter 15, 1980 General Session