State v. Krup

Bernard Wesley Krup appeals his conviction of second degree assault with a knife. He asserts that certain jury instructions erroneously defined assault and erroneously required the jury to find him innocent of a greater offense before considering his guilt as to a lesser included offense.

On the morning of March 20, 1982, Krup twice entered Ms. Chung's grocery store, a store which he had often frequented for the primary purpose of playing the several video games there. According to Ms. Chung, and contrary to Krup's testimony, during this second occasion only she and Krup were in the store. Ms.…