This Courts precedent in United States V. Di xon, 509 U.S. 698 (1993) reached the question of whether a criminal defendant is entitled to a lesser -included offense instruction when, (11 all elements of the lesser included offense are included with the offense charged, and 2J there is a sufficient evidentiary basis for the lesser charge.

1. At trial, Mr. Ewalan requested the jury be instructed on the lesser -included offense of unlawful display of a weapon. Following this request, the state trial court reversed, stating it wrestled with the issue all night 9 but ultimately declined to instruct the jury on the lesser -included offense of assault in the first degree.

The question is whether the state trial court erred when it tailed to instruct the jury on a lesser included offense when the evidence in the case supports an inferrence that the lesser -included offense was co mmitted?

Whether the state trial court erred when it failed to instruct the jury on a lesser included offense when the evidence in the case supports an inference that the lesser-included offense was committed?