Archive | Lesser included offense

RSS feed for this section

State v. Stewart

State v. Stewart, 2016 MT 1 (Jan. 5, 2016) (Baker, J.) (5-0, aff’d)

Issue: Whether the district court erred when it denied Stewart’s request to instruct the jury on misdemeanor assault as a lesser-included offense of attempted deliberate homicide.

Short Answer: No.

Affirmed

Facts: After a traffic stop for speeding, Stewart took off and was pursued by officers from the Highway Patrol, the Cascade County Sheriff’s Department, and the Judith Basin County Sheriff’s Department. He threw several pipe bombs out the window toward the pursuers. Eventually, his tires shredded from a spike strip, he got out of the car with a handgun and ran until he was apprehended. No one fired any shots. Stewart told the officers he did not mean to hurt anyone.…