State v. Heyward

Benjamin Heyward appeals his conviction for assault with intent to commit first degree criminal sexual conduct (ACSC), contending the trial judge improperly charged the jury by defining the lesser included offense of assault and battery of a high and aggravated (ABHAN) as including the element of “sudden heat and passion upon sufficient legal provocation.” We reverse and remand.1

FACTS

On March 29,1997, the victim (“Victim”) left her boyfriend’s house between 11:00 and 11:30 p.m.' to meet friends. While en route, she received a page from her boyfriend. Victim stopped at the nearest pay phone…