State v. White

Missouri Court of Appeals
State v. White, 660 S.W.2d 237 (1983)
1983 Mo. App. LEXIS 4225
Crandall, Crist, Reinhard

State v. White

Opinion of the Court

CRIST, Judge.

Appealing from a jury conviction of first degree arson and sentence as a persistent offender to 27 years imprisonment, defendant claims the trial court failed to instruct on its own motion on the lesser included offense of second degree arson. See §§ 569.040 and 569.050 RSMo 1978.

Defendant’s failure to request an instruction on second degree arson at trial precludes his subsequent complaint on appeal. State v. Olson, 636 S.W.2d 318, 322-23 (Mo. banc 1982).

Judgment affirmed.

CRANDALL, P.J., and REINHARD, J., concur.

Reference

Full Case Name
STATE of Missouri v. Bush Jones WHITE
Cited By
2 cases
Status
Published