State v. Foxworth

Gregory, Justice:

Appellant was convicted by a jury of assault and battery of a high and aggravated nature and was sentenced to nine years imprisonment. Error is assigned to the trial judge’s refusal to charge the lesser included offense of simple assault and battery and his failure to grant appellant’s motion for a directed verdict. We affirm.

On the morning of September 9, 1976, Ms. Judy Simons was waiting in her parked car to pick up her maid when she noticed a man approaching her car. The man reached into the car from the driver’s side through the open window, grabbed Ms. Simons’ left arm,…