State of Tennessee v. Richard T. Smiley

Summary

The court held that assault by intentionally causing extremely offensive or provocative physical contact was not a lesser-included offense that required a jury instruction in this aggravated-assault prosecution. Although the offense satisfied the statutory-elements component of the lesser-included-offense analysis, the evidence showed bodily injury rather than the distinct type of noninjurious offensive contact covered by the misdemeanor provision. The court therefore affirmed the judgment below.