King v. The State., 127 Ga. App. 83, 192 S.E.2d 392 (1972)
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Summary
Judgment affirmed. Pannell and Quillian, JJ., concur.
Summary
Judgment affirmed. Pannell and Quillian, JJ., concur.
Text
Defendant appeals from his conviction for robbery by snatching (Code Ann. 26-1901 (c)) and from the denial of his motion for new trial.
The sole issue is whether the court erred in failing to charge the lesser offense of theft by taking (Code Ann. 26-1802). The State proved that defendant was a party to a robbery by snatching. Defendant's only evidence was his statement that he was crossing a street in a crowd of people; accidently bumped into a lady; walked on across the street, heard a commotion; turned and saw the lady struggling with his co-defendant; spotted a handbag on the ground; went back, picked it up and offered it to her; and was arrested. In other words, he denies not only the commission of any crime at all, but even a larcenous thought. There being no evidence of conduct which could be interpreted as a theft by taking, the court did not err in failing to charge it. Hill v. State,
Glenn Zell, for appellant.
1972
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This document cites
- Supreme Court of Georgia - HILL v. THE STATE., 229 Ga. 307, 191 S.E.2.d 58 (1972)
- Supreme Court of Georgia - HENSLEY v. THE STATE., 228 Ga. 501, 186 S.E.2.d 729 (1971)
- Supreme Court of Georgia - DUTTON v. THE STATE., 228 Ga. 850, 188 S.E.2.d 794 (1972)
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