White v. State

HOWELL, CHARLES COOK, Jr., Associate Judge.

In defending against this appeal taken by Gregory Edward White from the judgment convicting him of the crime of aggravated assault, the State has escaped Scylla, only to be engulfed by Charybdis.

*144The jury was not (as White is here contending they should have been) instructed on the lesser included offenses under that of aggravated assault; but both parties below “agreed that the jury not be instructed on any lesser included offenses of the charge .... Neither side objected to the Court’s not giving instructions on lesser included offenses”'—…