(1)  Except as provided in this chapter no person shall on an indictment for a crime be convicted of any other crime.

(2)  Where pursuant to this chapter a person may, on indictment for any crime, be convicted of any other crime it is intended that, if the jury find him not guilty of the crime with which he is charged, he may be convicted of that other crime if it is established by the evidence to have been committed by him.