State v. Williams

The defendant was indicted for burglary in the first degree and robbery in the first degree. He was convicted of burglary in the first degree and robbery in the second degree. The conviction was affirmed by the Court of Appeals, 16 Or App 48, 517 P2d 311 (1973). We granted review to consider the question of whether the trial court must instruct the jury on all lesser included offenses whenever requested to do so by the defendant.

At the close of the trial,① defendant requested the court to instruct the jury with respect to the crime of criminal trespass (ORS 164.255) as a lesser included…