Section 16-1-6. Conviction for lesser included offenses

   An accused may be convicted of a crime included in a crime charged in the indictment or accusation. A crime is so included when:

   (1) It is established by proof of the same or less than all the facts or a less culpable mental state than is required to establish the commission of the crime charged; or

   (2) It differs from the crime charged only in the respect that a less serious injury or risk of injury to the same person, property, or public interest or a lesser kind of culpability suffices to establish its commission.

Code 1933, § 26-505, enacted by Ga. L. 1968, p. 1249, § 1.