State v. Naylor

Defendant, tried by jury, was convicted of burglary in the first degree. Defendant was charged with that kind of first degree burglary concerned with unlawful entry, with intent to commit theft, into a building other than a dwelling while being armed with burglar’s tools. 1 There was evidence which, if believed, would have justified only a verdict and conviction of criminal trespass in the second degree. The Court of Appeals affirmed, State v. Naylor, 49 Or App 57, 618 P2d 1311 (1980), holding that the failure to give defendant’s requested instruction on criminal trespass in the second degree…