State v. Eisele

HUNTLEY, Acting Chief Justice.

George Eisele was tried for aggravated battery after he discharged a shotgun up a stairway during a fight at a party on May 15, 1981. A woman at the party was hit in the buttocks and on the ankle by a ricocheting shot. The jury was instructed on aggravated battery and on what were stated to be the necessarily included offenses of battery, aggravated assault, and assault. The jury found Eisele not guilty of aggravated battery, but found him guilty of the lesser included offense of aggravated assault.

Eisele argues on appeal that aggravated assault is ■ not under…