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STATE v. WILLIAMS

No. 47,936

220 Kan. 610 (1976)

556 P.2d 184

STATE OF KANSAS, Appellee, v. DONALD WILLIAMS, Appellant.

Supreme Court of Kansas.

Opinion filed November 6, 1976.

Attorney(s) appearing for the Case

Helen Mountford, of Leavenworth, was on the brief for the appellant.

Curt T. Schneider, attorney general, and Patrick J. Reardon, county attorney, were on the brief for the appellee.

The opinion of the court was delivered by

FROMME,, J.:

The defendant, Donald Williams, was found guilty by a jury of aggravated assault (K.S.A. 21-3410) and aggravated burglary (K.S.A. 21-3716). His appeal concerns the refusal to give instructions on simple assault (K.S.A. 21-3408) and criminal trespass (K.S.A. 21-3721) which he alleges are crimes necessarily proved if the respective crimes charged are proved.

K.S.A. 21-3107 (3) provides:

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