Moore v. State

OPINION

The State charged appellant by information with one count of sexual assault upon a minor under fourteen years of age. At trial appellant denied all culpability. At the close of the appellant’s case, the judge and both counsel discussed the proposed jury instructions. The prosecution had prepared instructions on lewd*446ness with a minor as a lesser-related offense to sexual assault upon a minor. However, appellant expressly objected to the instructions. The court overruled the objection and instructed the jury on lewdness as a lesser-related offense.

The jury found appellant guilty of…