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King v. State

192 S.E.2d 392, 127 Ga. App. 83, 1972 Ga. App. LEXIS 792
CourtCourt of Appeals of Georgia
DecidedSeptember 20, 1972
Docket47454
StatusPublished
Cited by11 cases

This text of 192 S.E.2d 392 (King v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
King v. State, 192 S.E.2d 392, 127 Ga. App. 83, 1972 Ga. App. LEXIS 792 (Ga. Ct. App. 1972).

Opinion

Hall, Presiding Judge.

Defendant appeals from his conviction for robbery by snatching (Code Ann. § 26-1901 (c)) and from the denial of his motion for new trial.

The sole issue is whether the court erred in failing to charge the lesser offense of theft by taking (Code Ann. § 26-1802). The State proved that defendant was a party to a robbery by snatching. Defendant’s only evidence was his statement that he was crossing a street in a crowd of people; accidently bumped into a lady; walked on across the street, heard a commotion; turned and saw the lady struggling with his co-defendant; spotted a handbag on the ground; went back, picked it up and offered it to her; and was arrested. In other words, he denies not only the commission of any crime at all, but even a larcenous thought. There being no evidence of conduct which could be interpreted as a theft by taking, the court did not err in failing to charge it. Hill v. State, 229 Ga. 307 (191 SE2d 58); Hensley v. State, 228 Ga. 501 (186 SE2d 729); Dutton v. State, 228 Ga. 850 (188 SE2d 794).

Judgment affirmed.

Pannell and Quillian, JJ., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
192 S.E.2d 392, 127 Ga. App. 83, 1972 Ga. App. LEXIS 792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-v-state-gactapp-1972.