Riley v. State

Full title: RILEY v. THE STATE

Court: Court of Appeals of Georgia

Date published: Oct 26, 1976

230 S.E.2d 356 (Ga. Ct. App. 1976)

230 S.E.2d 356

Opinion

52742.

SUBMITTED SEPTEMBER 22, 1976.

DECIDED OCTOBER 26, 1976.

Burglary. Fulton Superior Court. Before Judge Langford.

A. Glen Steedley, Jr., for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, Donald J. Stein, Assistant District Attorneys, for appellee.

BELL, Chief Judge.

Defendant was convicted of burglary. He enumerates errors concerning the charge to the jury. Held:

1. A charge to the jury in which the defendant's contentions are outlined is not error under our recent holding in Moran v. State, 139 Ga. App. 274 ( 228 S.E.2d 216) and wherein we overruled Graham v. State, 135 Ga. App. 825 ( 219 S.E.2d 477) and other cases.

2. The defendant made no written request to charge on the lesser offense of criminal trespass. In the absence of a written request, a failure to charge on a lesser offense is not error. State v. Stonaker, 236 Ga. 1 ( 222 S.E.2d 354).

Judgment affirmed. Clark and Stolz, JJ., concur.

SUBMITTED SEPTEMBER 22, 1976 — DECIDED OCTOBER 26, 1976.