State v. Portwood

CRANDALL, Judge.

Defendant, Will Arthur Portwood, was convicted, after a jury trial, of burglary in the second degree. He was sentenced to six years’ imprisonment. On appeal he contends the court erred in refusing to instruct the jury on trespass in the first degree as a lesser included offense of second degree burglary. We affirm.

Officer Robert Loehr of the St. Louis City Police Department was patrolling around four a.m. on September 4, 1983, when he noticed a man standing outside a liquor store next to the broken glass door of the store. Officer Loehr moved closer to investigate and saw…