State v. Hibler

DUANE BENTON, Judge.

The State charged appellant, Patrick A. Hibler, with two counts of assault in the first degree. On each count, the circuit court instructed on both first and second degree assault, but refused appellant’s instructions on assault in the third degree. The jury found appellant guilty, on both counts, of assault in the second degree. Appellant argues that the trial court erred in not instructing on third degree assault. This Court granted transfer. Mo. Const, art. V, sec. 10. Reversed and remanded.

Trial courts are not obligated to instruct on lesser included offenses unless…