Chapter 16 OFFENSES AND MISCELLANEOUS PROVISIONS*
Section 16-23 Conviction of included offenses.
(a) A defendant may be convicted of an offense included in
an offense charged in the
indictment or information. An offense is so included when:
(1) It is established by proof of
the same or less than all the facts required to establish the
commission of the offense charged; or
(2) It is specifically denominated
by ordinance as a lesser degree of the offense charged; or
(3) It consists of an attempt to commit
the offense charged or to commit an offense otherwise
(b) The court shall not be obligated to charge the jury with
respect to an included offense
unless there is a basis for a verdict acquitting the defendant of the offense charged and convicting
him of the included offense.
(Code 1964, § 7.435)
State law reference(s)--Similar provisions, RSMo. § 556.046.