State v. Bland (Signed Opinion)
Annotate this CasePetitioner appealed an order of the circuit court affirming his magistrate court conviction, after a jury trial, of the offense of domestic assault. In his appeal, Petitioner argued that the magistrate court erred by instructing the jury on the offense of domestic assault when he was charged solely with domestic battery. The Supreme Court affirmed, holding (1) contrary to Petitioner’s contention, domestic assault is a lesser included offense of domestic battery; and (2) the jury instruction on domestic assault was warranted, and the jury was properly instructed on the offense of domestic assault.
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