BILLINGS, Justice.
The defendant was charged and convicted below for sexual assault. 13 V.S.A. § 3252(1)(A). On appeal his sole claim of error is that he was denied a fair trial because the trial court refused to instruct the jury on the elements of simple assault under 13 V.S.A. § 1023(a)(1). The thrust of the defendant's argument is that simple assault is a lesser included offense of sexual assault.
In order for a defendant to be entitled to jury...
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