State v. Pressley

Harwell, Justice:

Appellant was charged with criminal sexual conduct in the first degree and convicted of criminal sexual conduct in the second degree. He argues that the trial judge erred in refusing to charge the jury on the offense of assault and battery of a high and aggravated nature (ABHAN). We agree.

The victim, appellant’s 14 year old daughter, testified that she was lying in bed watching television with appellant when he suddenly jumped on her, put his hands around her throat, and straddled her. As she struggled to escape, appellant tore off her underclothes. Appellant pulled her back…