State v. Perkins

KAROHL, Judge.

Defendant-appellant appeals from a jury conviction of robbery first degree, § 569.-020, RSMo (1978), and tampering first degree, § 569.080, RSMo (1978). Defendant denied committing the crimes. His defense was identification. Defendant was sentenced to serve an aggregate term of sixteen years.

On appeal defendant claims trial court error in failure to give a requested instruction on a lesser included offense of robbery second degree. § 569.030, RSMo (1978). Appellant also argues that the jury was coerced when prior to giving MAI-CR2d 1.01, the “hammer instruction,” the trial court…