Buchanan v. State, 84 So. 3d 812

Buchanan was indicted for aggravated assault on a peace officer, and a Harrison County jury convicted him of misdemeanor simple assault.
Officers observed Buchanan with a baseball bat near Highway 49/Middle Drive; they attempted to approach, tased him, and Buchanan charged at Podlin before falling to the ground.
The incident occurred while officers were transporting prisoners in an unmarked vehicle; the officers wore nonstandard police attire and patches but identified as law enforcement.
The State requested two lesser-included offenses: simple assault on a peace officer and misdemeanor simple assault; Buchanan objected but the court granted both.
The jury returned verdicts of not guilty to aggravated assault and simple assault on a peace officer, and guilty of misdemeanor simple assault, with a six-month suspended sentence.
The Supreme Court affirmed the conviction, holding the lesser-included-offense instruction was properly granted.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred in giving the misdemeanor simple assault instruction	Buchanan	State	No error; instruction properly granted

Hester v. State, 841 So.2d 158 (Miss. Ct. App. 2002) (standard for lesser-included-offense instructions; require evidentiary support)
Downs v. State, 962 So.2d 1255 (Miss. 2007) (de novo review for entitled lesser-included instruction)
Jones v. State, 798 So.2d 1241 (Miss. 2001) (test for reasonable juror to convict lesser offense)
Taylor v. State, 577 So.2d 381 (Miss. 1991) (recognizes disparity in maximum penalties favors lesser instruction)
Hutchinson v. State, 594 So.2d 17 (Miss. 1992) (deadly-weapon question is a jury issue; supports lesser-included if factual basis exists)
Brooks v. State, 18 So.3d 859 (Miss. Ct. App. 2008) (distinguishable when instrument is undisputed deadly weapon)
Morgan v. State, 388 So.2d 495 (Miss. 1980) (fictionalized context for aggravated vs simple assault based on duties)