Verdict - Misdemeanor included in felony

When an offense is charged in an indictment to have been committed with peculiar circumstances as to time, place, person, property, value, motive, or intention, the offense, without the circumstances, or with part only, is included in the offense, although that charge may be a felony, and the offense, without the circumstances, a misdemeanor only. Crim. Code, § 261; C. & M. Dig., § 3212; Pope's Dig., § 4048; A.S.A. 1947, § 43-2155. When an offense is charged in an indictment to have been committed with peculiar circumstances as to time, place, person, property, value, motive, or intention, the offense, without the circumstances, or with part only, is included in the offense, although that charge may be a felony, and the offense, without the circumstances, a misdemeanor only. Crim. Code, § 261; C. & M. Dig., § 3212; Pope's Dig., § 4048; A.S.A. 1947, § 43-2155.