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NC General Statutes

N.C. Gen. Stat. § 15-169 (2026)

Conviction of assault, when included in charge

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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.)

 

Notes of Decisions
Cited in 42 cases, 1944–2005 · leading case: State v. Whiteside, 383 S.E.2d 911 (N.C. 1989).
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State v. Whiteside, 383 S.E.2d 911 (N.C. 1989). · cites it 24× “" Defendant relies primarily upon N.C.G.S. § 15-169 which provides: 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…”
State v. Collins, 431 S.E.2d 188 (N.C. 1993). · cites it 10× “If the evidence before the trial court in the defendant's non-capital trial in the present case tended to show that the defendant might be guilty of lesser-included offenses, the *191 trial court was required under N.C.G.S. §§ 15-169 and -170 to instruct the jury as to those…”
State v. Wilson, 497 S.E.2d 416 (N.C. Ct. App. 1998). · cites it 3× “After reciting the provisions of N.C.G.S. § 15-169 (providing that when a defendant charged with any felony involving an assault upon the person the jury may acquit on the felony charged and convict defendant of the assault) and N.”
State v. Thompson, 185 S.E.2d 666 (N.C. 1972). · cites it 3× “G.S. § 15-169, involving conviction of the lesser offense of assault in a prosecution for a greater felony, and G.”
State v. Jones, 105 S.E.2d 513 (N.C. 1958). · cites it 4× “Defendant’s contention calls for consideration of G.S. 15-169 and G.S. 15-170, the provisions of which are set out below.”
State v. Marshall Norman Hicks, 84 S.E.2d 545 (N.C. 1954). · cites it 2× “*159 Tbe statute bearing directly upon the factual situation disclosed by the evidence is G.S. 15-169, which reads as follows: “15-169.”
State v. Williams, 165 S.E.2d 481 (N.C. 1969). · cites it 2× “G.S. 15-169 provides: “On the trial of any person for rape, or 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…”
State v. Silas, 609 S.E.2d 400 (N.C. Ct. App. 2005). · cites it 4× “According to the Court in Whiteside , an analysis of N.C. Gen. Stat. § 15-169 2 and earlier cases indicated that in cases where a defendant, indicted for murder, was convicted of simple assault or assault with a deadly weapon, the crime charged included an assault against the…”
State v. Birckhead, 124 S.E.2d 838 (N.C. 1962). · cites it 2× “G.S. 15-169 provides that ‘On the trial of any person for rape, or 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.”
State v. . Gay, 29 S.E.2d 458 (N.C. 1944). · cites it 4× “G. S., 15-169, formerly C. S., 4639. The statute, G.”
State v. . Sawyer, 29 S.E.2d 34 (N.C. 1944). · cites it 2× “In support of this contention defendants invoke the provisions of G. S., 15-169, formerly C. S., 4639, to the effect that on the trial of any person charged with a felony, and the crime charged includes an assault against the person, it is lawful for the jury to acquit of the…”
State v. Smith, 150 S.E.2d 194 (N.C. 1966). · cites it 2× “G.S. 15-169. The first assignment requires no discussion.”
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