State of Missouri v. Bruce Pierce

PAUL C. WILSON, Judge.

The question presented in this case is whether the trial court can refuse to give a lesser included offense instruction requested by the defendant under section 556.046 when the lesser offense consists of a subset of the elements of the charged offense and the differential element (i.e., the element required for the charged offense but not for the lesser offense) is one on which the state bears the burden of proof. The answer, unequivocally, is no.

Here, a jury found Denford Jackson guilty of robbery in the first degree. The trial court declined to instruct the jury on…