State v. Gifford

GREENE, Presiding Judge.

Charles Anthony Gifford was charged in a two-count information with burglary in the first degree, § 569.160,1 and murder in the second degree, § 565.021.1(2). A jury found him guilty of the burglary charge, and not guilty of the murder charge. Gif-ford was sentenced to 10 years’ imprisonment as a result of the burglary conviction.

In his appeal, Gifford contends the trial court erred in refusing to give an instruction offered by him on the lesser included offense of second degree burglary, and further erred in submitting the first degree burglary charge to the jury…