MASON, Justice.
The sole issue presented by defendant's appeal in this criminal case is whether the trial court's refusal to instruct as requested by the defense on the offenses of assault and battery and assault with intent to inflict great bodily injury as lesser included offenses of burglary with aggravation was prejudicial error in light of the manner in which the greater offense was charged in the accusatory pleading.
Kenneth Eugene Redmon was charged...
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