McGee v. State

Court of Appeals of Georgia

McGee v. State

262 S.E.2d 642, 152 Ga. App. 391, 1979 Ga. App. LEXIS 2937

CourtCourt of Appeals of Georgia

DecidedNovember 16, 1979

Docket58832

StatusPublished

This text of 262 S.E.2d 642 (McGee 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

McGee v. State, 262 S.E.2d 642, 152 Ga. App. 391, 1979 Ga. App. LEXIS 2937 (Ga. Ct. App. 1979).

Pincite

Opinion

Banke, Judge.

Appellant and a companion were convicted of robbing the night clerk at a convenience store in Columbus. He enumerates as error on appeal the failure of the trial court to charge on theft by taking as a possible lesser included offense, even though no request for such a charge was made. Held:

"The trial judge... 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 a written request by the state or the accused, is not error.” State v. Stonaker, 236 Ga. 1, 2 (222 SE2d 354) (1976). Accord, Jackson v. State, 239 Ga. 40 (235 SE2d 477) (1977). The enumeration of error is without merit.

Judgment affirmed.

McMurray, P. J., and Underwood, J., concur.

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