Hutchinson v. State

594 So.2d 17 (1992)

Michael R. HUTCHINSON

v.

STATE of Mississippi.

No. 07-KA-59522.

Supreme Court of Mississippi.

January 22, 1992.

James G. Tucker, III, Bay St. Louis, for appellant.

Mike C. Moore, Atty. Gen., and Leyser Q. Morris, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before ROY NOBLE LEE, C.J., and ROBERTSON and McRAE, JJ.

ROBERTSON, Justice, for the Court:

I

This appeal asks that we construe our criminal assault statute. Where the accused wields what is indisputably a deadly weapon and intentionally strikes his victim, may he have the jury instructed on the lesser offense of simple assault,…