McRae v. State

Full title: McRAE v. THE STATE

Court: Court of Appeals of Georgia

Date published: Mar 2, 1978

243 S.E.2d 110 (Ga. Ct. App. 1978)

243 S.E.2d 110

Opinion

55254.

SUBMITTED JANUARY 30, 1978.

DECIDED MARCH 2, 1978.

Burglary. Cherokee Superior Court. Before Judge Pope.

Baker, Conrad Abernathy, H. Clifton Conrad, Jr., for appellant.

C. B. Holcomb, District Attorney, for appellee.

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 S.E.2d 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 S.E.2d 552); McMullen v. Vaughan, 138 Ga. App. 718, 720 ( 227 S.E.2d 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.

BELL, Chief Judge.

SUBMITTED JANUARY 30, 1978 — DECIDED MARCH 2, 1978.