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.
N.C. Gen. Stat. § 15-169
Conviction of assault, when included in charge
Applied in 1 court decision — leading case 168 N.C. App. 627 - State v. Silas (2005)
Most recently applied in 168 N.C. App. 627 - State v. Silas (March 2005)
1885, c. 68; Rev., s. 3268; C.S., s. 4639; 1979, c. 682, s. 4.
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.