State v. Patterson

OPINION

WOOD, Chief Judge.

The dispositive issue is whether the aggravated assault offense of which defendant was convicted was a lesser offense included within the offense charged in the indictment.

The indictment charged a violation of § 40A-3-3, N.M.S.A. 1953 (2d Repl. Vol. 6) in that defendant assaulted the victim with intent to kill. Section 40A-3-3, supra, reads:

“Assault with intent to commit a violent felony. — Assault with intent to commit a violent felony consists of any person assaulting another with intent to kill or to commit any murder, mayhem, rape, robbery or burglary.

“Whoever…