STATE v. EVANS

No. 18482.

668 P.2d 566 (1983)

STATE of Utah, Plaintiff and Respondent, v. Craig Thomas EVANS, Defendant and Appellant.

Supreme Court of Utah.

July 22, 1983.


Attorney(s) appearing for the Case

Kent O. Willis, Provo, for defendant and appellant.

David L. Wilkinson, J. Stephen Mikita, Salt Lake City, for plaintiff and respondent.


HOWE, Justice:

Defendant Craig Thomas Evans appeals from the conviction of the crime of aggravated assault, a third degree felony, proscribed by U.C.A., 1953, § 76-5-103. He requests that the verdict be reversed and the case remanded because the trial court failed to instruct the jury on a lesser included offense.

On December 22, 1981 an American Fork police officer was dispatched to a residence pursuant to a telephone call that there was a man with a...

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