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Section 15-170 – Conviction for a less degree or an attempt

by admin | May 14, 2021 | Criminal Procedure, North Carolina

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.N.C. Gen. Stat. § 15-1701891,...

Section 15-169 – Conviction of assault, when included in charge

by admin | May 14, 2021 | Criminal Procedure, North Carolina

On the trial of any person for 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...

Section 15-168 – Justification as defense to libel

by admin | May 14, 2021 | Criminal Procedure, North Carolina

Every defendant who is charged by indictment with the publication of a libel may prove on the trial for the same the truth of the facts alleged in the indictment; and if it shall appear to the satisfaction of the jury that the facts are true, the defendant shall be...

Section 15-167 – Extension of session of court by trial judge

by admin | May 14, 2021 | Criminal Procedure, North Carolina

Whenever a trial for a felony is in progress on the last Friday of any session of court and it appears to the trial judge that it is unlikely that such trial can be completed before 5:00 P.M. on such Friday, the trial judge may extend the session as long as in his...

Section 15-166 – Exclusion of bystanders in trial for rape and sex offenses

by admin | May 14, 2021 | Criminal Procedure, North Carolina

In the trial of cases for rape or sex offense or attempt to commit rape or attempt to commit a sex offense, the trial judge may, during the taking of the testimony of the prosecutrix, exclude from the courtroom all persons except the officers of the court, the...