State v. McNitt

SNELL, Justice.

A jury convicted Robert D. McNitt of committing sexual abuse in the third degree in December of 1988. The crime occurred during a paternity dispute and argument about adoption of the victim’s child. At the close of evidence, McNitt objected to the jury instructions proposed by the district court, and argued that the crime of assault with intent to commit sexual abuse should also be submitted as a lesser-included offense of sexual abuse in the third degree. The trial court, however, declined to give an instruction based on assault with intent to commit sexual abuse. McNitt…