Jackson v. State
Annotate this CaseAppellant was charged with first degree sexual assault. After a jury trial, Appellant was convicted of third degree sexual assault. Appellant appealed, arguing that the jury should not have been instructed on third degree sexual assault because that offense was not charged and was not a lesser included offense of first degree sexual assault. The Supreme Court reversed Appellant's conviction for third degree sexual assault, holding that third degree sexual assault is not a lesser included offense of first degree sexual assault, and the jury in this case should not have been so instructed.
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