Section 23A-26-8 – (Rule 31(c)) Conviction of included offense or attempt.

23A-26-8.(Rule 31(c)) Conviction of included offense or attempt.

A defendant may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein if such attempt is an offense.

Source: SDC 1939 & Supp 1960, §34.3669; SDCL, §23-45-23; SL 1978, ch 178, §327.