State v. LaPlante

Defendant was convicted pursuant to section 28-729.01, R. S. Supp., 1967, of unlawfully and feloniously assaulting a police officer with a dangerous weapon while- the police officer was engaged in the performance of Ms duties. Defendant appeals this conviction and the subsequent conviction and sentencing as a habitual criminal. '• •

*804Defendant seeks reversal of his conviction on three grounds: (1) The court erred in failing to instruct on the lesser and included offense of assault where the evidence conclusively showed the defendant to be intoxicated at the túne of the assault; (2) there was no…