Missouri Court of Appeals, Eastern District / Date unavailable
State of Missouri, Respondent, vs. Ryan D. Cole, Appellant.
Ryan D. Cole appealed his jury convictions for possession of methamphetamine and first-degree endangering the welfare of a child. He argued the trial court erred by refusing to instruct the jury on the statutorily-denominated lesser-included offense of second-degree endangering the welfare of a child. The appellate court affirmed the trial court's judgment, holding that the requested instruction was for a non-nested lesser-included offense that impermissibly deviated from the criminal conduct alleged in the greater charged offense.