State v. Blackmon

PARKER, Judge.

Defendant contends the court erred in failing to submit to the jury issues of defendant’s guilt of the lesser included offenses of assault with a deadly weapon or simple assault. “The necessity for instructing the jury as to an included crime of lesser degree than that charged arises when and only when there is evidence from which the jury could find that such included crime of lesser degree was committed.” State v. Hicks, 241 N.C. 156, 159, 84 S.E. 2d 545, 547 (1954). Here, all of the evidence for the State tended to show that defendant, while brandishing an opened pocket…