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Littleton v. State

229 S.E.2d 20, 139 Ga. App. 511, 1976 Ga. App. LEXIS 1869
Court of Appeals of Georgia·Decided September 9, 1976·No. 52387·Published

Opinion

Quillian, Judge.

The defendant was charged under a two-count indictment with sale of a narcotic drug and with violation of the Georgia Controlled Substances Act. He was found [512]*512guilty on both counts and sentenced to 15 years. Appeal followed. Held:

Submitted July 14, 1976 Decided September 9, 1976. Stanley H. Nylen, for appellant. Lewis R. Slaton, District Attorney, Joseph J. Drolet, H. Allen Moye, Assistant District Attorneys, for appellee.

1. The trial judge’s charge on alibi was not reversible error for the reason assigned. See Paschal v. State, 230 Ga. 859 (2) (199 SE2d 803), where an identical charge was approved over a similar objection. See in this connection White v. State, 231 Ga. 290, 295 (201 SE2d 436).

2. The enumerations of error complaining of the court’s failure, without request, to charge the law of criminal intent (Criminal Code of Georgia § 26-605; Code Ann. § 26-605 (Ga. L. 1968, pp. 1249, 1269)) are without merit. Whigham v. State, 131 Ga. App. 261, 262 (2) (205 SE2d 467). See Turpin v. State, 121 Ga. App. 294 (2) (173 SE2d 455).

Judgment affirmed.

Deen, P. J., and Webb, J., concur.

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Littleton v. State, 229 S.E.2d 20, 139 Ga. App. 511, 1976 Ga. App. LEXIS 1869 (Ga. Ct. App. 1976).

229 S.E.2d 20 (Littleton v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Turpin v. State
173 S.E.2d 455 (Court of Appeals of Georgia, 1970)
White v. State
201 S.E.2d 436 (Supreme Court of Georgia, 1973)
Whigham v. State
205 S.E.2d 467 (Court of Appeals of Georgia, 1974)
Paschal v. State
199 S.E.2d 803 (Supreme Court of Georgia, 1973)