State v. Atkins

The defendant, Leroy Atkins, was convicted by a jury of burglary in the second degree ① and was sentenced to prison for five years. The Court of Appeals affirmed and we granted review. The only question raised by defendant is whether the trial court erred in failing to give his requested instruction on the lesser included offense of Criminal trespass in the second degree. ②

There was ample proof that a large quantity of copper wire was stolen from the premises of the City Water and Light Department in McMinnville shortly after midnight on September 22,1972 by two men who backed a white Rambler…