State v. Boyd

SNYDER, Judge.

Appellant appeals from a conviction of burglary in the second degree, § 569.170, RSMo 1978. He was sentenced to twelve years in the Missouri Department of Corrections. The judgment is affirmed.

Appellant raises two points on appeal. First, appellant asserts that the evidence was insufficient to sustain the verdict. Second, appellant claims that the trial court erred in refusing to give appellant’s offered instruction on trespass in the first degree as a lesser included offense of burglary in the second degree.

In determining the sufficiency of the evidence this court considers as…