RIVETT v. STATE

No. 3097.

578 P.2d 946 (1978)

John C. RIVETT, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

May 5, 1978.


Attorney(s) appearing for the Case

Terry C. Aglietti, Mitchel J. Schapira, Edgar Paul Boyko & Associates, Anchorage, for appellant.

Steven J. Call, Asst. Dist. Atty., Harry L. Davis, Dist. Atty., Fairbanks, Avrum M. Gross, Atty. Gen., Juneau, for appellee.

Before BOOCHEVER, Chief Justice, and RABINOWITZ, CONNOR, BURKE and MATTHEWS, Justices.


OPINION

BURKE, Justice.

In this appeal, John Rivett challenges his conviction following a jury trial for assault with a dangerous weapon. We reverse on the ground that the trial court erred in failing to instruct the jury on the lesser-included offense of assault and battery.

Rivett was accused of striking one Chester Webber in the forehead with metal knuckles in the course of an argument between Rivett and Webber in Rivett's room at a pipeline construction...

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