McDougal v. State

Court of Appeals of Georgia

McDougal v. State

262 S.E.2d 824, 152 Ga. App. 44, 1979 Ga. App. LEXIS 2805

CourtCourt of Appeals of Georgia

DecidedOctober 24, 1979

Docket58611

StatusPublished

Cited by1 cases

This text of 262 S.E.2d 824 (McDougal 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.

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McDougal v. State, 262 S.E.2d 824, 152 Ga. App. 44, 1979 Ga. App. LEXIS 2805 (Ga. Ct. App. 1979).

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Opinion

Deen, Chief Judge.

It is well established that "[t]he trial judge also may, of his own volition and in his discretion, charge on a lesser crime of that included in the indictment or accusation. However, his failure to do so, without written request by the state or the accused, is not error.” State v. Stonaker, 236 Ga. 1, 2 (222 SE2d 354) (1976). Here no timely written request for a charge on the lesser included offenses was made.

Judgment affirmed.

Shulman and Carley, JJ., concur.

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Deen, Chief Judge.

It is well established that "[t]he trial judge also may, of his own volition and in his discretion, charge on a lesser crime of that included in the indictment or accusation. However, his failure to do so, without written request by the state or the accused, is not error.” State v. Stonaker, 236 Ga. 1, 2 (222 SE2d 354) (1976). Here no timely written request for a charge on the lesser included offenses was made.

Judgment affirmed.

Shulman and Carley, JJ., concur.

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Bluebook (online)

262 S.E.2d 824, 152 Ga. App. 44, 1979 Ga. App. LEXIS 2805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdougal-v-state-gactapp-1979.

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