State v. Jimerson
Court of Appeals of Washington
618 P.2d 1027 (1980)
Relevant factsFree
Raymond Jimerson (defendant) drove his car toward two police officers, who had to climb an embankment to get out of the way. He was arrested and charged with first- and second-degree assault. Jimerson testified he had no intent to hit the officers and only meant to drive by and splash them with slush. He was convicted of two counts of second-degree assault and appealed, arguing he was entitled to a lesser-included instruction on simple assault.
IssueFree
Whether a defendant charged with first- and second-degree assault using a car is entitled to a jury instruction on the lesser included offense of simple assault.