Jarrett v. State

Appellant Jarrett was convicted of statutory rape of a female under sixteen years of age. In giving final instructions to the jury, the court instructed that Jarrett might be found guilty of the lesser included offenses of assault and battery with intent to commit a felony, assault and battery with intent to gratify sexual desires, or assault and battery. The court, however, refused defendant’s requested instruction to include assault as a lesser included offense. Jarrett’s sole contention of error is that refusal.

We find the refusal was error, but the error did not prejudice defendant so as…