State v. Smiley

OPINION

in which ANDERSON, C.J., DROWOTA, HOLDER, and BARKER, JJ., joined.

Richard T. Smiley, using a knife, inflicted injury to the victim, W.F. Bivens. Smiley was indicted for aggravated assault, a Class C felony under Tenn.Code Ann. § 39-13-102(a)(l) (Supp.1995). In contrast, the simple assault statute, Tenn. Code Ann. § 39-13-101(a) (1997), provides that a person who intentionally causes “physical contact” that is “extremely offensive or provocative” commits a Class B misdemeanor. This case presents for review the question whether the lesser crime of intentionally causing “extremely…