UNDERWOOD, Justice.
The defendant was charged with the crime of simple assault by recklessly causing bodily injury to another. 13 V.S.A. § 1023(a)(1). By agreement of the parties, who believe 13 V.S.A. § 1023(b) sets forth a lesser included crime of simple assault by mutual consent, the court submitted the case to the jury with instructions relating to the evidence on a greater and a lesser offense. The jury found the defendant guilty of simple assault by...
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