State v. Elliott

HALL, Chief Justice:

Defendants were charged with the offense of aggravated sexual assault 1 and convicted of the lesser included offense of forcible sodomy. 2 We need not recount the sordid details of the offense since the dis-positive issue raised by this appeal is simply whether the court erred in denying defendants’ request for instructions on the offenses of assault and aggravated assault as additional lesser included offenses.

At the close of trial, the court delivered its instructions to the jury, without objection. However, after the jury had retired to deliberate, counsel for defendant…