McRae v. State
McRae v. State
Opinion
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.
Reference
- Full Case Name
- McRAE v. THE STATE
- Cited By
- 8 cases
- Status
- Published