State v. Henning

Petitioner was indicted on one count of malicious assault. After a jury trial, Petitioner was convicted of the misdemeanor offense of assault and sentenced to six months’ imprisonment. Petitioner appealed, arguing that his conviction must be set aside on the grounds that he was not charged with the offense for which he was convicted because the crime of misdemeanor assault is not a lesser included offense of malicious assault. The Supreme Court affirmed, holding (1) misdemeanor assault is a lesser included offense of malicious assault; and (2) the evidence submitted at trial supported an instruction on assault. View "State v. Henning" on Justia Law