HODGES, Justice.
Defendant Sims was convicted of assault with a deadly weapon. His only ground for reversal on this writ of error is that the trial court erred in refusing to submit defendant's tendered instruction on simple assault as a lesser included offense to the jury. This contention by the defendant is without merit and therefore we affirm the judgment of the trial court.
C.R.S.1963, 40-2-33 defines assault as an unlawful attempt coupled with a present...
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