Taylor v. State

577 So.2d 381 (1991)

Kendall TAYLOR

v.

STATE of Mississippi.

No. 89-KA-1200.

Supreme Court of Mississippi.

March 13, 1991.

W. Eugene Henry, Biloxi, for appellant.

Mike C. Moore, Atty. Gen., John R. Henry, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.

Before HAWKINS, P.J., and PITTMAN and BANKS, JJ.

PITTMAN, Justice, for the Court:

Kendall Taylor was indicted for rape and aggravated assault. The aggravated assault charge was dismissed without prejudice to the State. Subsequently, the State asked for and received an instruction to the effect that aggravated assault is a lesser-included offense of the…