Hall v. State

SMITH, Justice,

for the Court:

J.D. Hall was indicted for the offense of aggravated assault on a police officer but, at the conclusion of the State’s case in chief, the trial judge refused to allow the charge of aggravated assault on a police officer to be considered by the jury. Instead, the charge was reduced to ordinary aggravated assault. The State did not cross appeal the judgment on the reduction of the charge. At the conclusion of the presentation of all evidence, neither the State nor Hall requested a lesser included offense instruction of simple assault on a police officer.…