BROCK, Chief Judge.
Defendant argues that the trial court erred in refusing to submit to the jury the lesser offense of misdemeanor assault. "The necessity for instructing the jury as to an included crime of lesser degree than that charged arises when and only when there is evidence from which the jury could find that such included crime of lesser degree was committed. The presence of such evidence is the determinative factor." State v. Melton, 15 N.C. App...
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