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 included therein.

    (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.