MacIllrath v. United States

The question here is whether Rule 31(c) of the Federal Rules of Criminal Procedure 1 required the District Court in a trial for assault with a dangerous weapon 2 to instruct the jury that they might find the defendant guilty of the lesser offense of simple assault. We think not. The rule does not in terms require the instruction. If there is no evidence to justify a verdict of simple assault a jury should not be so instructed. Burcham v. United States, 1947, 82 U.S.App.D.C. 283, 163 F.2d 761. To do so would only tend to confuse and mislead the jury.

The defendant was tried upon a three count…