People v. Rowe

Opinion by

Judge HUME.

Defendant, George W. Rowe, appeals a judgment of conviction entered upon a jury verdict finding him guilty of first degree assault committed under a heat of passion. We affirm.

I

Defendant first contends that the trial court’s action in giving an instruction on first degree assault committed under a heat of passion as a lesser included offense of first degree assault constituted reversible error. We disagree.

We agree that, pursuant to the statutory test adopted by our supreme court, first degree assault committed under a heat of passion is not included in first degree…