EAGLES, Judge.
Defendant argues that the trial court erred by refusing to grant his request for an instruction on the lesser included charge of simple assault. We agree.
The trial court's obligation to instruct on a lesser degree of the offense charged is solely determined by "the presence, or absence, of any evidence in the record which might convince a rational trier of fact to convict the defendant of a less grievous offense." State v. Wright, 304...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.