State v. Grimm

Trial was had on a county attorney’s information, accusing the defendant, Albert Grimm, and one Eugene Toney of the crime of assault on Glen H. Sweet, with intent to inflict great bodily injury. Grimm was tried separately, the trial resulting in a verdict of guilty, as charged. The trial court, however, submitted in the instructions the included offenses of assault and battery, and simple assault.

The primary contention of the appellant is that:

“If any crime at all was committed, it could not possibly have been more than either simple assault, or assault and battery.”

At this point it may be…