Defendant and two others were indicted for the offense of theft by taking a motor vehicle (Code Ann. 26-1802 (Ga. L. 1978, pp. 2257, 2258) and 26-1812 (c.1) (1) (Ga. L. 1981, pp. 1552, 1553, 1576)). This defendant was tried and convicted and sentenced to serve three years for the offense of criminal attempt: theft by taking a motor vehicle; the jury having returned a verdict of guilty of "attempt to steal" at which time the court instructed the jury foreman to write in there "guilty of attempt to steal an automobile" over the objection of the counsel for defendant. The verdict was republished finding the defendant guilty of "attempt to steal an automobile," and the jury was polled as to whether this was their verdict. Defendant appeals after denial of his motion for new trial enumerating error that the trial judge improperly instructed the jury foreman, without further inquiry and without further deliberation by jurors, to complete a verdict in which there was a substantial omission. Held:
Sam B. Sibley, Jr., District Attorney, for appellee.