The opinion
PeR Cueiam.
The judgment, upon the verdict of the jury, is fully authorized by Revisal, sec. 3269, which reads as follows :
“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 a less degree of the same crime.”
This statute was discussed in
S. v. Brown,
113 N. C., 646 , and construed in accordance with the ruling of his Honor.
No error.