Alabama Code Title 13A. Criminal Code § 13A-5-41

Subject to the provisions of Section 13A-1-9(b) , the jury may find a defendant indicted for a crime defined in Section 13A-5-40(a) not guilty of the capital offense but guilty of a lesser included offense or offenses.  Lesser included offenses shall be defined as provided in Section 13A-1-9(a) , and when there is a rational basis for such a verdict, include but are not limited to, murder as defined in Section 13A-6-2(a) , and the accompanying other felony, if any, in the provision of Section 13A-5-40(a) upon which the indictment is based.


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