State v. MacDonald

NICHOLS, Justice.

In June, 1979, the Defendant, Paul J. MacDonald, was tried before a jury in the Superior Court in York on an indictment charging him with having committed aggravated assault in violation of 17-A M.R. S.A. § 208.1 The Defendant appeals from a judgment of conviction entered on the verdict of the jury finding him guilty of the lesser offense of assault (17-A M.R.S.A. § 207).

The Defendant’s sole issue on appeal is whether the presiding justice erred in instructing the jury on both aggravated and simple assault. He argues (1) that the evidence did not generate the instruction on…