State v. Wiggins

CRIST, Judge.

Defendant appeals from a judgment entered on a jury verdict convicting him of robbery in the first degree under § 569.-020.-1(2), RSMo.1978 (all further references to statutory sections are to RSMo.1978):

*162“A person commits the crime of robbery in the first degree when he forcibly steals property and in the course thereof he, or another participant in the crime,

* * * * * *(2) Is armed with a deadly weapon.”

He was sentenced to fifteen years’ imprisonment. Defendant correctly contends the trial court erred by refusing his requested instruction on the included offense of assault in…