State v. Elliott

GOOLSBY, Justice:

Clyde Elliott appeals his conviction for assault and battery of a high and aggravated nature (ABHAN). We vacate.

FACTS

On June 23, 1997, a Colleton County grand jury indicted Clyde Elliott on one count of assault with intent to commit criminal sexual conduct (CSC) in the first degree. 1 At trial, the indictment was amended to assault with intent to commit CSC in the third degree. In addition to an appropriate instruction on assault with intent to commit CSC third, however, the trial court instructed the jury on ABHAN as a lesser included offense. Elliott did not object to the…