State v. Wallace

MILLER, Chief Justice:

This case presents the question of whether the State is entitled to an instruction on lesser included offenses over a defendant’s objection. William Wallace, the defendant in this case, sought to force the State to proceed to the jury only on the greater offense contained in the indictment by objecting to the State’s lesser included offense instruction. As the defendant candidly admits, he wanted the jury to choose between either a conviction on first degree sexual assault or an acquittal. As a result of the State’s lesser included offense instruction, he was found…