McDougal v. State

Full title: McDOUGAL v. THE STATE

Court: Court of Appeals of Georgia

Date published: Oct 24, 1979

262 S.E.2d 824 (Ga. Ct. App. 1979)

262 S.E.2d 824

Opinion

58611.

SUBMITTED OCTOBER 2, 1979.

DECIDED OCTOBER 24, 1979.

Burglary. Whitfield Superior Court. Before Judge Temples.

Richard W. Bethea, Jr., for appellant.

Charles A. Pannell, Jr., District Attorney, Patricia J. Craft, James E. Bethel, Assistant District Attorneys, for appellee.

DEEN, Chief Judge.

It is well established that "[t]he trial judge also 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 written request by the state or the accused, is not error." State v. Stonaker, 236 Ga. 1, 2 ( 222 S.E.2d 354) (1976). Here no timely written request for a charge on the lesser included offenses was made.

Judgment affirmed. Shulman and Carley, JJ., concur.

DEEN, Chief Judge.

SUBMITTED OCTOBER 2, 1979 — DECIDED OCTOBER 24, 1979.