State v. Knight

GARY W. LYNCH, Judge.

Michael S. Knight (“Defendant”) appeals his convictions for assault in the first degree, see section 565.050, and armed criminal action, see section 571.015. 1 He contends the trial court erred in refusing to give the jury both a diminished-capacity instruction and a lesser-included-offense instruction for assault in the second degree. Finding no such error, we affirm.

Factual and Procedural Background

Defendant and the State stipulated that on July 9, 2006, Defendant stabbed Victim with a knife, he had Victim’s blood on his hand, the vehicle in which the stabbing occurred…