Motion for Rehearing and/or Transfer to Supreme Court Denied October 26, 1983.
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...
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