15-169. Conviction of assault, when included in charge.
On the trial of any person for any felony whatsoever, when the crime charged includes an assault against the person, it is lawful for the jury to acquit of the felony and to find a verdict of guilty of assault against the person indicted, if the evidence warrants such finding; and when such verdict is found the court shall have power to imprison the person so found guilty of an assault, for any term now allowed by law in cases of conviction when the indictment was originally for the assault of a like character. (1885, c. 68; Rev., s. 3268; C.S., s. 4639; 1979, c. 682, s. 4.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 15 - Criminal Procedure
Article 17 - Trial in Superior Court.
§ 15-166 - Exclusion of bystanders in trial for rape and sex offenses.
§ 15-167 - Extension of session of court by trial judge.
§ 15-168 - Justification as defense to libel.
§ 15-169 - Conviction of assault, when included in charge.
§ 15-170 - Conviction for a less degree or an attempt.
§ 15-172 - Verdict for murder in first or second degree.
§ 15-173 - Demurrer to the evidence.