State v. Marshall

In my opinion, the trial court erred in not giving the lesser offense instruction. Therefore, I dissent.

Viewed in the light most favorable to Lawrence Marshall, the evidence could, so far as the jury is concerned, form a basis for the jury to conclude that Lawrence Marshall was guilty of simple assault rather than aggravated assault.

State has a flawed argument; it maintains that the factual test was not satisfied because Lawrence Marshall’s evidence does not explain how Elizabeth injured her nose.

In front of the jury, Lawrence Marshall denied hitting Elizabeth with a pipe. He did admit that…