Missouri Court of Appeals, 1983

State v. White

State v. White
Missouri Court of Appeals · Decided September 13, 1983 · Crandall, Crist, Reinhard
660 S.W.2d 237; 1983 Mo. App. LEXIS 4225 (South Western Reporter, Second Series)

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.