Sims v. People

Opinion by

MR. JUSTICE HODGES.

Defendant Sims was convicted of assault with a deadly weapon. His only ground for reversal on this writ of error is that the trial court erred in refusing to submit defendant’s tendered instruction on simple assault as a lesser included offense to the jury. This contention by the defendant is without merit and therefore we affirm the judgment of the trial court.

C.R.S. 1963, 40-2-33 defines assault as an unlawful attempt coupled with a present ability to commit a violent injury on the person of another. C.R.S. 1963, 40-2-34 states that an assault with a deadly…