Grays v. State

Conley Byrd, Justice.

After finding appellant Robert Grays guilty of burglary, the jury again retired and, after finding that he was a habitual criminal, set his punishment at 20 years in the Department of Correction. The only point raised on this appeal is appellant’s contention that the lower court erred in failing to instruct on the lesser degrees of Breaking and Entering, Ark. Stat. Ann. § 41-2003 (Repl. 1977) and Criminal Trespass, Ark. Stat. Ann. § 41-2004 (Repl. 1977).

The record shows that appellant was an employee of Moss Seed Company. On Sunday, July 31, 1977, when the seed company…