State v. Craig

CLARK, Judge.

The one issue raised by this appeal is whether the indictment for murder supports the conviction of the crime of assault upon a female.

It is established in the criminal law that the greater crime includes the lesser, so that where an offense is alleged in an indictment, and the jury acquits as to that one, it may convict of the lesser offense when the charge is inclusive of both offenses. State v. Williams, 185 N.C. 685, 116 S.E. 736 (1923); State v. Fritz, 133 N.C. 725, 45 S.E. 957 (1903). G.S. 15-170 provides for the conviction of a crime of a lesser degree than the crime…