State v. White, 660 S.W.2d 237

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 Details

Case Name: State v. White

Court Name: Missouri Court of Appeals

Date Published: Sep 13, 1983

Citations: 660 S.W.2d 237; 1983 Mo. App. LEXIS 4225; No. 46492

Docket Number: No. 46492

Court Abbreviation: Mo. Ct. App.