State v. Funchess

Appellant was convicted of robbery, housebreaking, and assault with intent to ravish and received consecutive sentences totalling fifty (50) years. The trial judge limited the charges submitted to the jury to the foregoing offenses and refused appellant’s timely request that the charge of assault and battery of a high and aggravated nature be also submitted as a lesser included offense of assault with intent to ravish. The sole question presented by appellant on appeal is whether the trial judge erred in refusing the request for an instruction on assault and battery of a high and aggravated…