State v. Lowe

Summary

The court held that the district court should have instructed the jury on simple assault because the evidence supported that lesser offense, even though the defense theory denied committing an assault and the defendant did not request the instruction. The omission nevertheless was not clear error because the defendant failed to firmly convince the court that the jury would have reached a different verdict had it been given the lesser-offense option. The court therefore affirmed the Court of Appeals and the district court judgment.