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.