New Hampshire v. Michaud
Annotate this CaseAfter a jury trial in the Superior Court, Defendant Joseph Michaud was convicted of four counts of felonious sexual assault. On appeal he argued that the trial court erred in denying his request for a “lesser-included offense instruction” to the jury on simple assault. Because of testimony presented at trial, Defendant argued that the evidence required the court to give the lesser-included instruction. The Supreme court disagreed with Defendant’s analysis, finding that the elements of simple assault are not contained within the felony. Accordingly, the Court affirmed the lower court’s decision denying Defendant’s request for an instruction on simple assault.
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