State v. Davis

The defendants’ assignment of error No. 42 is based on their exception to the failure of the court to charge the jury with respect to the lesser degrees of the crime charged. It is provided in G.S. 15-169 as follows: “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 evidence warrants such finding . . .

It is further provided in G.S. 15-170 that, “Upon the trial of any indictment the prisoner…