§15-17-3. Conviction where act may be committed by different intents, modes or means.  


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  • When the intent with which, the mode in or the means by which an act is done is essential to the commission of the offense and such offense may be committed with different intents, in different modes or by different means, if the jury is satisfied that the act was committed with one of the intents, in one of the modes or by either of the means charged, it is sufficient; and the jury must convict, although uncertain as to which of the intents charged existed, in which mode or by which of the means charged such act was committed.

(Code 1852, §644; Code 1867, §4196; Code 1876, §4898; Code 1886, §4480; Code 1896, §5304; Code 1907, §6874; Code 1923, §4020; Code 1940, T. 15, §313.)