Harbin v. State

I

This aggravated assault appeal turns largely on whether the accused was of right entitled to have the jury consider whether he might be guilty of the lesser included offense of simple assault. On the evidence the injuries sustained by the assault victim may not reasonably be characterized as less than "serious bodily injuries". Moreover, the havoc wrought by the defendant was such that it may not be seriously thought that he acted with less than "extreme indifference to the value of human life". We affirm.

II

A

On Saturday night, May 8, 1983, around 10:00 David Harbin, the Defendant below and…