Cap. 9 Art. 596Attorney General may include excuse in the indictment.

Where, by reason of any excuse, the decrease of punishment is to be made within a latitude including two or more degrees, it shall be lawful for the Attorney General in the indictment to demand any of the lesser punishments within such latitude, which, according to the evidence before him, he may deem applicable to the offence; and in any such case, the Attorney

General shall also specify in the indictment the excuse, and no higher punishment than that demanded in the indictment may be awarded by the court.