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Lawskills.com Georgia Caselaw
HENDERSON v. THE STATE.
53496.
QUILLIAN, Presiding Judge.
Burglary. Carroll Superior Court. Before Judge Knight.
Defendant appeals his conviction for burglary. Held:
1. The evidence was sufficient to sustain the verdict and judgment.
2. The failure to charge a lesser included crime was not error in the absence of a written request by the defendant. State v. Stonaker, 236 Ga. 1, 2 (222 SE2d 354). See Burton v. State, 137 Ga. App. 686 (2) (224 SE2d 876).
3. The defendant contends it was error to fail to charge that the jury might recommend that defendant could be punished as for a misdemeanor. Under Code Ann. 27-2503 (Ga. L. 1974, pp. 352, 357) this principle no longer need be charged. Winslow v. State, 135 Ga. App. 773 (219 SE2d 21); Cloud v. State, 136 Ga. App. 244, 247 (2) (220 SE2d 763).
4. It is urged that the trial judge erred in failing to instruct the jury, without request, on misfortune or accident (Criminal Code of Georgia 26-602; Code Ann. 26-602 (Ga. L. 1968, pp. 1249, 1269)) and on mistake of fact (Criminal Code of Georgia 26-705; Code Ann. 26-705 (Ga. L. 1968, pp. 1249, 2170; 1969, pp. 857, 859)).
William F. Lee, Jr., District Attorney, Robert H. Sullivan, Assistant District Attorney, for appellee.
C. C. Perkins, for appellant.
ARGUED FEBRUARY 4, 1977 -- DECIDED FEBRUARY 25, 1977.
Friday May 22 07:09 EDT


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