STATE v. CAPEL

No. 7326SC156.

204 S.E.2d 226 (1974)

21 N.C. App. 311

STATE of North Carolina v. Billy Eugene CAPEL and Franklin Dewayne Wright.

Court of Appeals of North Carolina.

Certiorari Denied June 4, 1974.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. Edwin M. Speas, Jr., Raleigh, for the State.

T. O. Stennett and John G. Plumides, Charlotte, for defendant appellants.


Certiorari Denied by Supreme Court June 4, 1974.

PARKER, Judge.

In their first assignment of error, defendants contend that the trial court erred in failing to charge the jury as to the lesser included offense of assault. The trial judge is required to submit to the jury a lesser included offense "only when there is evidence from which the jury could find that such included crime of lesser degree was committed." State v. Hicks, 241 N.C. 156...

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