TISDOL v. STATE

61638.

158 Ga. App. 852 (1981)

282 S.E.2d 411

TISDOL v. THE STATE.

Court of Appeals of Georgia.

Decided June 18, 1981.


Attorney(s) appearing for the Case

Ray Holland, Phillip N. Golub, for appellant.

Thomas H. Pittman, District Attorney, C. Paul Bowden, Assistant District Attorney, for appellee.


CARLEY, Judge.

Appellant was tried by a jury and convicted of armed robbery. He appeals from the denial of his motion for new trial, as amended.

1. Appellant contends that the trial court erred in refusing to instruct the jury, upon proper written request, on the lesser included offense of theft by taking. The testimony of the prosecuting witness, a route salesman for a beer distributor, made out a case of armed robbery. He testified that after making a delivery...

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