State v. Westfall

CARL R. GAERTNER, Presiding Judge.

A jury convicted defendant of stealing property valued at one hundred fifty dollars or more. § 570.030, RSMo.Cum.Supp. 1984. Defendant appeals asserting the trial court’s refusal to instruct the jury on the lesser included offense of stealing property valued at less than one hundred fifty dollars was error. We reverse and remand.

If on the evidence presented at trial the jury can acquit the defendant of the charged offense and convict him of a lesser included offense, the trial court must instruct the jury on the lesser included offense. State v. Hendricks,…