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Lawskills.com Georgia Caselaw
PLUMMER v. THE STATE.
47292.
HALL, Presiding Judge.
Larceny. Fulton Superior Court. Before Judge Williams.
Defendant appeals from his conviction for motor vehicle theft and from the denial of his motion for a new trial.
Defendant also contends the court erred in failing to charge the lesser included offense of receiving stolen goods. Of course, receiving is not a lesser included offense of theft. They are two completely distinct crimes, having different elements, and are, in fact, so mutually exclusive that the thief and the receiver cannot even he accomplices. See Springer v. State, 102 Ga. 447 (30 SE 971); Watson v. State, 116 Ga. 607 (43 SE 32, 21 LRA (NS) 1). That receiving carries a possible lower minimum sentence is completely irrelevant.
Lewis R. Slaton, District Attorney, Morris H. Rosenburg, Joel M. Feldman, Carter Goode, for appellee.
Glenn Zell, for appellant.
ARGUED JUNE 6, 1972 -- DECIDED JUNE 14, 1972.
Friday May 22 15:05 EDT


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