State v. Barnes

GAITAN, Judge.

Gary R Barnes (defendant-appellant) was convicted of robbery in the first degree, § 569.020, RSMo 1978, and armed criminal action, § 571.015, RSMo 1978, in a trial by jury. He appeals those convictions alleging the trial court erred on three points: First, by allowing submission of robbery in the first degree when the element of serious physical injury required by § 556.061(26), RSMo Cum.Supp.1984 was lacking; second, by not submitting assault as a lesser included offense instruction to the robbery first degree; and finally, by not instructing the jury as to his defense to the…