State v. Jeffries

HEDRICK, Judge.

By his first assignment of error, defendant argues that “[t]he trial court committed reversible error . . . when it withdrew the possible verdict of assault on a female from the jury’s consideration.” Defendant argues that there was evidence of his commission of assault on a female, and that such offense was a lesser included offense which should have been submitted to the jury.

If all the evidence tends to show that the crime charged in the bill of indictment was committed, and there is no evidence tending to show commission of a crime of lesser degree, the court correctly…