State v. Williams

The opinion of the court was delivered by

Fromme, J.:

The defendant, Donald Williams, was found guilty by a jury of aggravated assault (K. S. A. 21-3410) and aggravated burglary (K. S. A. 21-3716). His appeal concerns the refusal to give instructions on simple assault (K. S. A. 21-3408) and criminal trespass (K. S. A. 21-3721) which he alleges are crimes necessarily proved if the respective crimes charged are proved.

K. S. A. 21-3107 (3) provides:

“In cases where the crime charged may include some lesser crime it is the duty of the trial court to instruct the jury, not only as to the crime…