State v. Evans

HOWE, Justice:

Defendant Craig Thomas Evans appeals from the conviction of the crime of aggravated assault, a third degree felony, proscribed by U.C.A., 1953, § 76-5-103. He requests that the verdict be reversed and the case remanded because the trial court failed to instruct the jury on a lesser included offense.

On December 22, 1981 an American Fork police officer was dispatched to a residence pursuant to a telephone call that there was a man with a gun in the yard. Enroute the officer received another dispatch describing the route of the man who had then entered a car. He intercepted and…