State v. Robinson

KAROHL, Presiding Judge.

Defendant-appellant, Walter Robinson, Jr., was jury tried and convicted of first degree assault, § 565.050, RSMo 1978 and first degree burglary, § 569.160, RSMo 1978. Defendant, a prior offender, was sentenced to twenty-five years for assault and ten years for burglary to run concurrently. He appeals only the assault conviction.

Defendant’s sole point on appeal is that the trial court erred in refusing to instruct the jury on second degree assault,1 a lesser included offense, because there was evidence from which the jury could find that the physical injury sustained…