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Knight v. State

303 S.E.2d 755, 166 Ga. App. 196, 1983 Ga. App. LEXIS 2100
Court of Appeals of Georgia·Decided April 5, 1983·No. 65582·Published

Opinion

Shulman, Chief Judge.

Appellant was convicted of rape. His sole complaint on appeal is that the trial court failed to give requested charges on lesser offenses and criminal attempt.

The state presented evidence at trial that showed a completed act of rape. Appellant presented evidence amounting to a defense of alibi. There was no evidence which would have supported a conclusion that appellant merely attempted rape or that appellant assaulted the victim with intent to rape but did not complete the act. Under those circumstances, there was no error in refusing to charge the jury on criminal attempt or lesser included offenses. Lemon v. [197] State, 161 Ga. App. 692 (3) (289 SE2d 789); Marable v. State, 154 Ga. App. 115 (2) (267 SE2d 837); Maddox v. State, 152 Ga. App. 384 (1) (262 SE2d 636).

Decided April 5, 1983. Stephen H. Andrews, for appellant. H. Lamar Cole, District Attorney, James E. Hardy, Assistant District Attorney, for appellee.

Judgment affirmed.

McMurray, P. J., and Birdsong, J., concur.

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Knight v. State, 303 S.E.2d 755, 166 Ga. App. 196, 1983 Ga. App. LEXIS 2100 (Ga. Ct. App. 1983).

303 S.E.2d 755 (Knight v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Lemon v. State
289 S.E.2d 789 (Court of Appeals of Georgia, 1982)
Marable v. State
267 S.E.2d 837 (Court of Appeals of Georgia, 1980)
Maddox v. State
262 S.E.2d 636 (Court of Appeals of Georgia, 1979)