GRACE v. STATE

No. 51496.

375 So.2d 419 (1979)

Dewey GRACE v. STATE of Mississippi.

Supreme Court of Mississippi.

October 3, 1979.


Attorney(s) appearing for the Case

Wilbourn & Rogers, Richard E. Wilbourn, Don O. Rogers, Meridian, for appellant.

A.F. Summer, Atty. Gen. by Catherine Walker Underwood, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before SMITH, LEE and BOWLING, JJ.


SMITH, Presiding Justice, for the Court:

Dewey Grace was charged by indictment with aggravated assault upon Harold Clark, a police officer. He was tried on that charge in the Circuit Court of Lauderdale County, convicted, and sentenced to fifteen years imprisonment.

On appeal here, Grace assigns as error the action of the trial court in declining to instruct the jury that, upon the evidence, it might convict Grace of the lesser offense of simple assault.<...

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