What is the test for a jury to find a defendant guilty of assault resulting in serious bodily harm?

Sanchez relies on United States v. Skeet, 665 F.2d 983 (9th Cir.1982). Skeet fired two shots. One shot injured no one, and the other hit his brother. Skeet was found guilty of assault resulting in serious bodily harm. On appeal, Skeet argued that because the first shot resulted in no injury, and because his defense to the second shot was that it was accidental, the district court erroneously failed to instruct the jury on the elements of simple assault. Id. at 986-87. This court agreed, holding "[w]here under the facts of a case, as here, the jury could find a defendant guilty of either one of two assaults, the jury must be charged on the elements and definition of each." Id. at 987. ⁴