TIMLEY v. STATE

50627.

134 Ga. App. 727 (1975)

215 S.E.2d 735

TIMLEY v. THE STATE.

Court of Appeals of Georgia.

Decided May 8, 1975.


Attorney(s) appearing for the Case

Edmund A. Landau, III, for appellant.

William S. Lee, District Attorney, Dan MacDougald, Assistant District Attorney, for appellee.


BELL, Chief Judge.

In this prosecution for robbery by sudden snatching, the state's evidence established all of the elements of this crime. The defendant relied on alibi as a defense. Therefore, under the evidence, the defendant could only be guilty as charged or not guilty of any offense whatsoever. This being so, the lesser included offense of theft by taking was not raised by the evidence and it was not error to fail to charge the jury on this lesser crime as a...

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