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Home / Opinion Digests / Criminal Practice / Criminal Practice – Malicious Conduct by a Prisoner – Lesser Included Offense  (access required)

Criminal Practice – Malicious Conduct by a Prisoner – Lesser Included Offense  (access required)

At defendant’s trial for malicious conduct by a prisoner – which arose from defendant spitting in the face of the officer who was arresting him – defense counsel requested a jury instruction on misdemeanor assault on an officer as a lesser included offense. The trial court correctly ruled that assault on an officer is not ...

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