State of West Virginia v. Darius Henning

LOUGHRY, Justice:

The petitioner and defendant below, Darius Henning, appeals an August 19, 2015, final order of the Circuit Court of Harrison County denying his motion for judgment of acquittal and sentencing him to a term of imprisonment of six months for his conviction of the misdemeanor offense of assault. 1 The petitioner was indicted on one count of malicious assault in May 2015. 2 In this appeal, the petitioner contends that the crime of misdemeanor assault is not a lesser included offense of malicious assault, and, therefore, his conviction must be set aside because he was not charged…