State v. Marshall Norman Hicks

Is there error in the charge on account of the instructions requiring the jury to return a verdict of guilty of common law robbery or a verdict of not guilty? This is the determinative question on this appeal.

Tbe statute bearing directly upon the factual situation disclosed by the evidence is G.S. 15-169, which reads as follows:

“15-169. Conviction of assault, when included in charge. — 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…