Section 13A-1-9 - Lesser included offenses(a) A defendant may be convicted of an offense included in an offense charged. An offense is an included one if: (1) It is established by proof of the same or fewer than all the facts required to establish the commission of the offense charged; or(2) It consists of an attempt or solicitation to commit the offense charged or to commit a lesser included offense; or(3) It is specifically designated by statute as a lesser degree of the offense charged; or(4) It differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property or public interests, or a lesser kind of culpability suffices to establish its commission.(b) The court shall not charge the jury with respect to an included offense unless there is a rational basis for a verdict convicting the defendant of the included offense.Ala. Code § 13A-1-9 (1975)
Acts 1977, No. 607, p. 812, §126.