Assault (Non-Sexual)

6.31 Lesser included offense

Eric D. Rhodes, COA04-193, Benjamin Dowling-Sendor
Hands, fists, elbows, and feet not deadly weapons as a matter of law, therefore lesser offense should have been submitted

Cedric Gene Brunton, COA06-67, Paul F. Herzog
Instruction on misdemeanor assault with a deadly weapon required where the jury could have determined that the gunshot wound to the victim's arm was not serious.

Alexander Craig Cromartie, COA05-1126, Benjamin Dowling-Sendor
The lack of evidence on intent to kill supported instruction on assault with a deadly weapon inflicting serious injury.

David Stone, COA07-708, Michael Casterline
Evidence supported submission of misdemeanor assault as knife, as used, was not per se a deadly weapon.

Dwayne Edgar Cannady COA08-1459 Leslie C. Rawls
Evidence supported instruction for misdemeanor assault with a deadly weapon where the evidence of intent to kill was equivocal and there was a lack of evidence of serious injury.

Cedric L. Harris, COA07-1494, M. Gorden Widenhouse, Jr.
Evidence supported AWDWISI