Alford v. Commonwealth

KELSEY, Judge.

A grand jury indicted Billy Leon Alford for attempted rape. At trial, the prosecutor and Alford’s counsel agreed on a set of jury instructions which included finding instructions for attempted rape and assault and battery. 1 The jury convicted Alford of assault and battery.

On appeal, Alford argues the trial court erred by instructing the jury on assault and battery because it is not a lesser-included offense of attempted rape, the charged offense. We need not address this assertion, however, because Alford invited error by agreeing to the jury instructions he now challenges. See…