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HARBIN v. STATE

No. 55731.

478 So.2d 796 (1985)

David HARBIN v. STATE of Mississippi.

Supreme Court of Mississippi.

October 2, 1985.

Attorney(s) appearing for the Case

John C. Webb, Greenville, for appellant.

Edwin Lloyd Pittman, Atty. Gen. by Billy L. Gore, Asst. Atty. Gen., Jackson, for appellee.

Before ROY NOBLE LEE, P.J., and ROBERTSON and ANDERSON, JJ.

ROBERTSON, Justice, for the Court:

I.

This aggravated assault appeal turns largely on whether the accused was of right entitled to have the jury consider whether he might be guilty of the lesser included offense of simple assault. On the evidence the injuries sustained by the assault victim may not reasonably be characterized as less than "serious bodily injuries". Moreover, the havoc wrought by the defendant...

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