It refused Vaughn's request for an instruction on the lesser-included offense of assault and battery. Vaughn was convicted of unlawful wounding. 14 Va. App. An assault is any attempt or offer, with force or violence, to do some bodily hurt to another, whether from wantonness or malice, by means calculated to produce the end if carried into execution. 13 Va. App.
Battery is the actual infliction of corporal hurt on another . . .
14 Va. App. Vaughn testified that although he fired the gun, he did not intend to shoot Robinson. He argued that he merely shot at the ground in order to stop Robinson from hurting him. However, while such evidence will support, it does not compel, such an inference. Thus, evidence was before the jury that, if believed, supported an instruction on the lesser-included offense of assault and battery.