Manning v. State
Annotate this CaseAfter a jury trial, Defendant was found guilty of battery with intent to commit a crime. Defendant appealed, arguing that the district court erred when it failed to give his proffered instruction on battery as a lesser-included offense of battery with intent to commit a crime. The Supreme Court agreed and reversed Defendant’s judgment of conviction, holding (1) Defendant was entitled to an instruction on battery as a lesser-included offense of battery with intent to commit a crime, and the district court erroneously declined to give such an instruction; and (2) the error was not harmless. Remanded for a new trial.
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