State v. Milligan

MANFORD, Judge.

This is a direct appeal from a jury conviction for burglary, second degree in violation of § 569.170, RSMo 1978. The judgment is affirmed.

The sole point presented herein charges that the trial court erred in its refusal to submit a jury instruction on first degree trespass (MAI-CR2d 23.40) because there was evidence to acquit appellant of a higher offense and convict him of the lesser offense of trespass.

There is no challenge to the sufficiency of the evidence, so a brief summary suffices. At approximately 9:12 p.m. on December 21, 1981, an officer of the Kansas City, Missouri…