Rivett v. State

OPINION

BURKE, Justice.

In this appeal, John Rivett challenges his conviction following a jury trial for assault with a dangerous weapon. We reverse on the ground that the trial court erred in failing to instruct the jury on the lesser-included offense of assault and battery.

Rivett was accused of striking one Chester Webber in the forehead with metal knuckles in the course of an argument between Rivett and Webber in Rivett’s room at a pipeline construction camp near Liven-good, Alaska. At trial, there was little dispute that the defendant had struck Web-ber; rather, the main issue was whether…