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.
Structure Arkansas Code
Title 16 - Practice, Procedure, And Courts
Subtitle 6 - Criminal Procedure Generally
Chapter 89 - Trial and Verdict
§ 16-89-101. Trial times and postponements
§ 16-89-103. Presence of defendant
§ 16-89-106. Defendant on bail for felony indictment
§ 16-89-107. Trial of issues of law or fact
§ 16-89-108. Waivers of trial by jury and death penalty
§ 16-89-109. Oath of jury members
§ 16-89-110. Opening statements
§ 16-89-111. Evidence generally
§ 16-89-112. Evidence — Proof of certain acts or facts
§ 16-89-113. Evidence — Acquittal upon certain insufficient evidence
§ 16-89-114. Documents — Production generally
§ 16-89-115. Documents — Production where in possession of state
§ 16-89-116. Documents — Discovery and inspection
§ 16-89-117. Limitation of witness fees in misdemeanor trials
§ 16-89-119. Lack of jurisdiction
§ 16-89-120. Proof of higher offense
§ 16-89-121. Facts charged do not constitute offense
§ 16-89-122. Dismissal of indictment
§ 16-89-123. Order of final arguments
§ 16-89-124. Exceptions to decisions of the court
§ 16-89-125. Deliberation of jury
§ 16-89-126. Verdict generally
§ 16-89-127. Verdict — Misdemeanor included in felony
§ 16-89-128. Polling of jury members