State v. Musselwhite

BECTON, Judge.

The issues raised on appeal concern the trial court’s eviden-tiary rulings; the trial court’s denial of defendant’s motions for nonsuit and dismissal; and the trial court’s failure to instruct, in the case involving Sherill Vernon, on the lesser included offense of assault with a deadly weapon.

I

At trial, Sherill Vernon testified that she was defendant’s girlfriend and that, on 28 August 1981, she and defendant had a violent argument while sitting in her car. Defendant was angry because Ms. Vernon had worked the previous night and had not had time to see him. He slapped her and,…