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Timley v. State

215 S.E.2d 735, 134 Ga. App. 727, 1975 Ga. App. LEXIS 2146
CourtCourt of Appeals of Georgia
DecidedMay 8, 1975
Docket50627
StatusPublished
Cited by4 cases

This text of 215 S.E.2d 735 (Timley 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
Timley v. State, 215 S.E.2d 735, 134 Ga. App. 727, 1975 Ga. App. LEXIS 2146 (Ga. Ct. App. 1975).

Opinion

Bell, Chief Judge.

In this prosecution for robbery by sudden snatching, the state’s evidence established all of the elements of this crime. The defendant relied on alibi as a defense. Therefore, under the evidence, the defendant could only be guilty as charged or not guilty of any offense whatsoever. This being so, the lesser included offense of theft by taking was not raised by the evidence and it was not error to fail to charge the jury on this lesser crime as a possible verdict. Hill v. State, 229 Ga. 307 (191 SE2d 58); Hinton v. State, 127 Ga. App. 108 (192 SE2d 717).

Judgment affirmed.

Webb and Marshall, JJ., concur.

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Related

Russell v. State
358 S.E.2d 631 (Court of Appeals of Georgia, 1987)
Varnes v. State
283 S.E.2d 673 (Court of Appeals of Georgia, 1981)
Cook v. State
276 S.E.2d 84 (Court of Appeals of Georgia, 1981)
Malone v. State
234 S.E.2d 844 (Court of Appeals of Georgia, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
215 S.E.2d 735, 134 Ga. App. 727, 1975 Ga. App. LEXIS 2146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/timley-v-state-gactapp-1975.