NC General Statutes
N.C. Gen. Stat. § 15-170 (2026)
Conviction for a less degree or an attempt
✓ current as of July 2026
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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. (1891, c. 205, s. 2; Rev., s. 3269; C.S., s. 4640.)
Notes of Decisions
Cited in 137
cases (3 in the last 5 years), 1944–2022 · leading case: State v. Whiteside, 383 S.E.2d 911 (N.C. 1989).
State v. Whiteside, 383 S.E.2d 911 (N.C. 1989). “N.C.G.S. § 15-170, which is also relevant, provides: 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…”
State v. Collins, 431 S.E.2d 188 (N.C. 1993). “" N.C.G.S. § 15-170 (1983). Further, it has long been established that, absent statutory provisions to the contrary, an attempt to commit a felony is a misdemeanor.”
State v. Thomas, 386 S.E.2d 555 (N.C. 1989). “The pertinent statute, N.C.G.S. § 15-170 (1983), provides: 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…”
State v. Brewer, 386 S.E.2d 569 (N.C. 1989). “The relevant statute is N.C.G.S. § 15-170: 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…”
State v. Schalow, 795 S.E.2d 567 (N.C. Ct. App. 2016). “§ 15-144 in conjunction with N.C. Gen. Stat. § 15-170 . Id . N.C. Gen.”
State v. Stokes, 756 S.E.2d 32 (N.C. 2014). “for consideration of whether defendant’s actions satisfy the elements of attempted kidnapping under N.C.G.S. § 15-170.” On remand the Court of Appeals concluded: *476 [W]e find a discussion of attempted second-degree kidnapping to be inappropriate here for the following reasons:…”
State v. Camacho, 446 S.E.2d 8 (N.C. 1994). “See N.C.G.S. § 15-170 (1983) ("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"); N.”
State v. Reid, 625 S.E.2d 575 (N.C. Ct. App. 2006). “” N.C. Gen. Stat. § 15-170 (2005). The North Carolina Supreme Court has held that when Section 15-144 is construed alongside Section 15-170, the use of a short-form indictment to charge attempted first-degree murder is authorized.”
State v. Young, 289 S.E.2d 374 (N.C. 1982). “Nevertheless, defendant essentially asks us to reexamine the validity of the foregoing precedent in light of his contentions that: (1) larceny from the person is not a crime of “less degree” of common law robbery, under G.S. 15-170, because both crimes are felonies carrying the…”
State v. McVay, 620 S.E.2d 883 (N.C. Ct. App. 2005). “” N.C. Gen. Stat. § 15-170 (2003). The North Carolina Supreme Court has held that when N.”
State v. Wilson, 497 S.E.2d 416 (N.C. Ct. App. 1998). “§ 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.C.G.S. § 15-170 (providing that a defendant may be convicted of a lesser degree of the…”
People v. Fontenot, 447 P.3d 252 (Cal. 2019). “501 ; N.C. Gen. Stat. § 15-170 ; N.J. Stat. Ann.”
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