Timley v. State

Full title: TIMLEY v. THE STATE

Court: Court of Appeals of Georgia

Date published: May 8, 1975

215 S.E.2d 735 (Ga. Ct. App. 1975)

215 S.E.2d 735

Opinion

50627.

SUBMITTED MAY 6, 1975.

DECIDED MAY 8, 1975.

Robbery by snatching. Dougherty Superior Court. Before Judge Kelley.

Edmund A. Landau, III, for appellant.

William S. Lee, District Attorney, Dan MacDougald, Assistant District Attorney, for appellee.

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 S.E.2d 58); Hinton v. State, 127 Ga. App. 108 ( 192 S.E.2d 717).

Judgment affirmed. Webb and Marshall, JJ., concur.

SUBMITTED MAY 6, 1975 — DECIDED MAY 8, 1975.