§ 15-169. Conviction of assault, when included in charge. - North Carolina Statutes

§15‑169.  Conviction of assault, when included in charge.

On the trial of any person forany felony whatsoever, when the crime charged includes an assault against theperson, it is lawful for the jury to acquit of the felony and to find a verdictof guilty of assault against the person indicted, if the evidence warrantssuch  finding; and when such verdict is found the court shall have power toimprison the person so found guilty of an assault, for any term now allowed bylaw in cases of conviction when the indictment was originally for the assaultof a like character. (1885, c. 68; Rev., s. 3268; C.S., s. 4639; 1979, c.682, s. 4.)