Georgia Court of Appeals, 1978

McRae v. State

McRae v. State
Georgia Court of Appeals · Decided March 2, 1978 · Bell, Shulman, Birdsong
243 S.E.2d 110; 145 Ga. App. 122; 1978 Ga. App. LEXIS 1885 (South Eastern Reporter, Second Series)

McRae v. State

Opinion

Bell, Chief Judge.

Defendant was convicted of burglary. Held:

Defendant urges that the trial court erred in refusing to charge the jury on the lesser offense of criminal trespass after a written request for the charge. Defendant’s purported request reads in part as follows: "Defendant... requests the court change [sic] as to lesser offenses: 1... 2. Criminal trespass.” In State v. Stonaker, 236 Ga. 1 (222 SE2d 354), it was held that it was not error to fail to charge on a lesser offense in the absence of a written request. In order for a refusal to charge to constitute error the requested charge must be a correct and complete statement of the law. Durand v. Reeves, 217 Ga. 492, 495 (3) (123 SE2d 552); McMullen v. Vaughan, 138 Ga. App. 718, 720 (227 SE2d 440). The request to charge here is nothing more than a mere reference to criminal trespass and is not a complete and correct statement of the law.

Judgment affirmed.

Shulman and Birdsong, JJ., concur.

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