STATE v. DAVIS

No. 40040.

574 S.W.2d 940 (1978)

STATE of Missouri, Respondent, v. Wiley DAVIS, Appellant.

Missouri Court of Appeals, St. Louis District, Division Three.

November 28, 1978.


Attorney(s) appearing for the Case

Christelle Adelman-Adler, Asst. Public Defender, 22nd Judicial Circuit, St. Louis, for appellant.

John D. Ashcroft, Atty. Gen., John M. Morris, III, Asst. Atty. Gen., Jefferson City, for respondent.


GUNN, Judge.

Defendant was convicted of second degree burglary and sentenced under the Second Offender Act to five years imprisonment. On appeal defendant contends that the trial court erred in refusing to give a lesser and included offense instruction on malicious destruction of property. We affirm.

At about 5:30 A. M. Scott Rooks went to his place of business—a barber and beauty shop in St. Louis—to open for his day's business activities. As...

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