State v. Bradshaw

BROCK, Chief Judge.

Defendant argues that the trial court erred in refusing to submit to the jury the lesser offense of misdemeanor- assault. “The necessity for instructing the jury as to an included crime of lesser degree than that charged arises when and onty when there- is evidence from which the jury could find that such included- crime of lesser degree was committed. The presence, of such evidence is the determinative factor.” State v. Melton, 15 N.C. App. 198, 189 S.E. 2d 757 (1972). “The mere contention that the jury might accept the State’s evidence in part and might reject it in part…