State v. Oldroyd

HALL, Chief Justice.

Stanley Van Oldroyd appeals his conviction of aggravated assault, 1 contending that the trial court erred in refusing to instruct the jury regarding the offense of threatening with a dangerous weapon. 2 Oldroyd argues that threatening with a dangerous weapon is a lesser included offense of aggravated assault and that the court’s refusal to instruct was prejudicial error. We reverse.

In February 1983, Oldroyd and his wife were experiencing marital difficulties and were no longer living together. Mrs. Ol-droyd was living in a basement apartment in Richfield, Utah. About 8:20…