Georgia Court of Appeals, 1975

Timley v. State

Timley v. State
Georgia Court of Appeals · Decided May 8, 1975 · Bell, Marshall, Webb
215 S.E.2d 735; 134 Ga. App. 727; 1975 Ga. App. LEXIS 2146 (South Eastern Reporter, Second Series)

Timley v. State

Opinion

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 SE2d 58); Hinton v. State, 127 Ga. App. 108 (192 SE2d 717).

Judgment affirmed.

Webb and Marshall, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.