Jacobs v. State

1 Citing case

  1. Payne v. State

    269 S.E.2d 52 (Ga. Ct. App. 1980)   Cited 1 times

    Even assuming that the evidence presented at trial warranted the finding that theft by receiving stolen property was a lesser included offense as a matter of fact (clearly it is not a lesser included offense as a matter of law, see Gearin v. State, 127 Ga. App. 811 (1) ( 195 S.E.2d 211)), defendant's failure to make a timely written request for such charge precludes his assertion that the trial court's refusal to charge theft by receiving stolen property was reversible error. Jacobs v. State, 140 Ga. App. 410 (1, 2) ( 231 S.E.2d 155). See also State v. Stonaker, 236 Ga. 1 ( 222 S.E.2d 354); Bouttry v. State, 242 Ga. 60 ( 247 S.E.2d 859).