Sanders v. State

JOHN A. Fogleman, Justice.

Appellant contends that the judgment, sentencing him to imprisonment for one year and assessing a fine of $500 in accordance with a jury verdict finding him guilty of assault with a deadly weapon, should be reversed on two grounds. The first is the court’s refusal of appellant’s requested instruction on assault and battery, and the other is the court’s modification of his requested instruction on self-defense. We find no error on either point.

Assault and battery is not necessarily a lesser included offense on a charge of assault with a deadly weapon. Clearly, there…