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(1)Where upon the trial of any person for the murder or manslaughter of any child, or for infanticide, or for an offence under section fifty-eight of the Offences against the Person Act, 1861 [1861 c.100] (which relates to administering drugs or using instruments to procure abortion), the jury are of opinion that the person charged is not guilty of murder, manslaughter or infanticide, or of an offence under the said section fifty-eight, as the case may be, but that he is shown by the evidence to be guilty of the [F1 offence] of child destruction, the jury may find him guilty of that [F1 offence], and thereupon the person convicted shall be liable to be punished as if he had been convicted upon an indictment for child destruction.
(2)Where upon the trial of any person for the [F1 offence] of child destruction the jury are of opinion that the person charged is not guilty of that [F1 offence], but that he is shown by the evidence to be guilty of an offence under the said section fifty-eight of the Offences against the Person Act, 1861 [1861 c.100] , the jury may find him guilty of that offence, and thereupon the person convicted shall be liable to be punished as if he had been convicted upon an indictment under that section.
Subs.(3) rep. by 1967 c.18 (NI)
Subs.(4) rep. by 1989 NI 12
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