State v. Stewart
Annotate this CaseAfter a jury trial, Defendant was convicted of seven counts of attempted deliberate homicide. The district court sentenced Defendant to serve a life term in prison on each count and declared him ineligible for parole. Defendant appealed, arguing that the district court erred when it denied his request to instruct the jury on misdemeanor assault as a lesser-included offense of attempted deliberate homicide. The Supreme Court affirmed the judgment, holding that the trial court did not act arbitrarily, act without conscientious exercise of judgment, or exceed the bounds of reason when it determined that the evidence supported the jury’s consideration of only the offenses of attempted deliberate homicide or attempted aggravated assault, and further, the court’s refusal to instruct the jury on misdemeanor assault did not prejudice Defendant’s substantial rights.
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