Holmes v. State

3 Citing cases

  1. Edwards v. State

    264 Ga. 131 (Ga. 1994)   Cited 116 times
    Concluding that the appellant, charged with armed robbery at a residence, was entitled to a jury charge on lesser included offense of theft by taking, where appellant's police statement recounted that he had broken into the residence to steal drugs and money, but that the guns discovered at the residence by police were not his and were already at the residence when he arrived

    Each of the other cases cited to this court by the state in support of the argument that proof of the elements of the greater offense obviates the need to charge on the lesser offense contains this added element that there was no evidence presented to show a lesser offense. See Shepherd v. State, 234 Ga. 75 ( 214 S.E.2d 535) (1975) (defendant denied taking part in robbery); Grant v. State, 161 Ga. App. 403 ( 288 S.E.2d 118) (1982) (defendant denied participation in crime); Holmes v. State, 170 Ga. App. 92 ( 316 S.E.2d 491) (1984) (defendant denied participation, claimed he was elsewhere) and Belcher v. State, 201 Ga. App. 139 ( 410 S.E.2d 344) (1991) (victim testified defendant took vehicle at gunpoint, defendant claimed victim picked him up). We note that application of the rule proposed by the state would lead to the absurd result of virtually eliminating the practice of charging juries on lesser included offenses.

  2. Hanvey v. State

    186 Ga. App. 690 (Ga. Ct. App. 1988)   Cited 10 times

    As the circumstances surrounding the execution of this search warrant are totally irrelevant to defendant's guilt or innocence, this testimony was properly excluded. Alexander v. State, 7 Ga. App. 88, supra; Holmes v. State, 170 Ga. App. 92, 93 (2) ( 316 S.E.2d 491). 9. Defendant's remaining enumerations of error involve the jury charge.

  3. Wright v. State

    334 S.E.2d 919 (Ga. Ct. App. 1985)

    [Cits.]" Holmes v. State, 170 Ga. App. 92, 93 ( 316 S.E.2d 491) (1984). Judgment affirmed. Birdsong, P. J., and Sognier, J., concur.