California, United States of America
The following excerpt is from People v. Meyer, 169 Cal.App.3d 496, 215 Cal.Rptr. 352 (Cal. App. 1985):
People v. Wong, supra, relies in part upon Penal Code section 1159, cited above, which makes clear that both lesser included offenses and attempts to commit a substantive offense are included by statute within the realm of allowable convictions available to the trier of fact. Thus, in the instant case, the trial court could properly have denied defendant's motion for acquittal pursuant to Penal Code section 1118.1 based on its determination that the evidence presented was sufficient to sustain a conviction of an attempt to commit the offense and could have subsequently instructed the jury accordingly.
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