Upon the trial of any indictment the prisoner may be convicted of the crime charged therein or of a less degree of the same crime, or of an attempt to commit the crime so charged, or of an attempt to commit a less degree of the same crime.
N.C. Gen. Stat. § 15-170
Conviction for a less degree or an attempt
Applied in 25 court decisions — leading case Hagans v. State (1989)
Most recently applied in 8 Cal. 5th 57 - People v. Fontenot (August 2019)
1891, c. 205, s. 2; Rev., s. 3269; C.S., s. 4640.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.