State v. Davis

GUNN, Judge.

Defendant was convicted of second degree burglary and sentenced under the Second Offender Act to five years imprisonment. On appeal defendant contends that the trial court erred in refusing to give a lesser and included offense instruction on malicious destruction of property. We affirm.

At about 5:30 A. M. Scott Rooks went to his place of business — a barber and beauty shop in St. Louis — to open for his day’s business activities. As he approached the premises, he noted that the glass door to the beauty shop was broken and the door open. Mr. Rooks entered, called the police, and…