State v. White

660 S.W.2d 237, 1983 Mo. App. LEXIS 4225
Missouri Court of Appeals·Decided September 13, 1983·No. No. 46492·Published·Cited by 2 cases

Opinion

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.

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State v. White, 660 S.W.2d 237, 1983 Mo. App. LEXIS 4225 (Mo. Ct. App. 1983).

660 S.W.2d 237 (State v. White) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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