McGee v. State
152 Ga. App. 391 | Ga. Ct. App. | 1979
Appellant and a companion were convicted of robbing the night clerk at a convenience store in Columbus. He enumerates as error on appeal the failure of the trial court to charge on theft by taking as a possible lesser included offense, even though no request for such a charge was made. Held:
"The trial judge... may, of his own volition and in his discretion, charge on a lesser crime of that included in the indictment or accusation. However, his failure to do so, without a written request by the state or the accused, is not error.” State v. Stonaker, 236 Ga. 1, 2 (222 SE2d 354) (1976). Accord, Jackson v. State, 239 Ga. 40 (235 SE2d 477) (1977). The enumeration of error is without merit.
Judgment affirmed.
