State v. Whitten

GOOLSBY, J.:

The question raised by appellant Danny Whitten is whether the trial court erred in refusing to charge assault and battery of a high and aggravated nature (ABHAN) as a lesser-included offense of assault with intent to commit criminal *45sexual conduct (ACSC) in the third degree.1 A jury found Whitten guilty of the latter offense and the trial judge sentenced him to a ten-year sentence of imprisonment. We affirm.

The victim, a woman seventy-six-years-old at the time of trial, allowed Whitten, her thirty-year-old nephew, to live with her in her trailer home. The victim testified that on…