BERRY v. STATE

62927.

160 Ga. App. 240 (1981)

286 S.E.2d 525

BERRY v. THE STATE.

Court of Appeals of Georgia.

Decided October 29, 1981.


Attorney(s) appearing for the Case

James H. Whitmer, for appellant.

JeffC. Wayne, District Attorney, Charles Henry Frier, Assistant District Attorney, for appellee.


QUILLIAN, Chief Judge.

The defendant appeals his conviction for burglary in the companion case to Armstrong v. State, 160 Ga.App. 237, and Armstrong v. State, 160 Ga.App. 239. Held:

1. Assuming the evidence authorized a charge on Code § 38-420 the mere failure to charge such subject, in the absence of a timely written request, was not error. Cantrell v...

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