State v. Fitch

Defendant appeals from a jury conviction of first degree burglary, ORS 164.225, on the grounds/ that the trial court improperly refused to give a requested instruction on the lesser included offense of criminal trespass in the second degree, ORS 164.245.

Defendant was apprehended by the owners of a television set and several other items when they returned to their residence and saw him in possession of their property. The defendant was pursued for several blocks by one of the owners who testified that the defendant had difficulty talking and appeared intoxicated. The police officer making the…