BAGLEY v. STATE

33874.

85 Ga. App. 570 (1952)

69 S.E.2d 799

BAGLEY v. THE STATE.

Court of Appeals of Georgia.

Decided March 8, 1952.


Attorney(s) appearing for the Case

Stapleton & Williford, for plaintiff in error.

Howard B. Payne, Solicitor, contra.


TOWNSEND, J.

(After stating the foregoing facts.) 1. When a theory of defense rests solely on the statement of the accused, it is well settled that, in the absence of an appropriate written request to that effect, it is not reversible error to fail to charge such theory to the jury. Richards v. State, 114 Ga. 834 (1) (40 S. E. 1001); Evans v. State, 68 Ga.App. 207 (4) (22 S.E.2d 618). And where two theories are presented solely by the defendant...

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