Opinion
72999.
DECIDED NOVEMBER 21, 1986.
Armed robbery. Fulton Superior Court. Before Judge Etheridge.
Michael H. Lane, for appellant.
Lewis R. Slaton, District Attorney, Joseph J. Drolet, Richard E. Hicks, David Wright, Assistant District Attorneys, for appellee.
Defendant appeals his conviction of the offense of armed robbery. The sole enumeration of error contends that the trial court erred in denying defendant's request for "an instruction on the lesser included offense of robbery." Held:
The State's evidence is that defendant committed an armed robbery by pointing a loaded and cocked revolver at the victim while taking victim's employers' money from him. "The uncontradicted evidence showed completion of the greater offense, an armed robbery, so that the charge on the lesser offense was not required. Holcomb v. State, 230 Ga. 525 ( 198 S.E.2d 179) (1973); Lawrence v. State, 235 Ga. 216 (3) ( 219 S.E.2d 101) (1975). See also State v. Stonaker, 236 Ga. 1 ( 222 S.E.2d 354) (1976); Radford v. State, 238 Ga. 532 ( 233 S.E.2d 785) (1977)." Jordan v. State, 239 Ga. 526, 527 (2) ( 238 S.E.2d 69). See also Mallory v. State, 166 Ga. App. 812, 814 (2) ( 305 S.E.2d 656); Echols v. State, 172 Ga. App. 431, 432 (1) ( 323 S.E.2d 289). The trial court did not err as contended by defendant.
Judgment affirmed. Carley and Pope, JJ., concur.