Id. at 715 (citations omitted). See Elder v. State, 180 Ga. App. 295 ( 349 SE2d 30) (1986) (defendant cannot legitimately raise issue of criminal trespass by means of intentionally damaging another person's property without consent when he claims he did not damage the property). Herbert does not specifically challenge the trial court's failure to give the requested charge under OCGA ยง 16-7-21 (b) (3), which pertinently provides that a person commits criminal trespass by remaining on the land or premises of another person after receiving notice from the owner to depart.
We have reviewed the record and do not agree with appellant that such a charge was warranted under the facts of this case. A charge which is not applicable to the facts or adjusted to the evidence should not be given. See Elder v. State, 180 Ga. App. 295 ( 349 S.E.2d 30) (1986); Todd v. State, 149 Ga. App. 574 (2) ( 254 S.E.2d 894) (1979). 5.