State v. Sauls

CLARK, Judge.

The crime of accessory before the fact to the crime charged in an original indictment is a lesser included offense. State v. Simons, 179 N.C. 700, 103 S.E. 5 (1920) ; Richardson v. Ross, 310 F. Supp. 134 (E.D.N.C. 1970). The State having elected to proceed on the charges of accessory before the fact to the principal charges in the indictment, the trial court properly submitted to the jury these lesser offenses.

G.S. 14-5 provides in part as follows: “If any person shall counsel, procure, or command any other person to commit any felony . . . the person . . . shall be guilty of a…