Brown v. State

Melvin Mayfield, Chief Judge.

Appellant was arrested when a police officer passing a drugstore at Baseline and Scott Hamilton Drive in Little Rock, Arkansas, shortly after 1:00 a.m. on August 11, 1981, heard a burglar alarm sounding and found appellant inside the pharmacy putting bottles into a cardboard box. He was charged with burglary, tried to a jury and convicted, and, as an habitual offender, received a sentence of 20 years in prison.

The appellant asked for a jury instruction on criminal trespass as a lesser included offense and it is the refusal of the trial court to give this…