O'NEAL v. STATE

68434.

171 Ga. App. 582 (1984)

320 S.E.2d 612

O'NEAL v. THE STATE.

Court of Appeals of Georgia.

Decided July 11, 1984.


Attorney(s) appearing for the Case

J. Robert Daniel, for appellant.

Buster O'Neal, Jr., pro se.

Willis B. Sparks III, District Attorney, Thomas J. Matthews, Assistant District Attorney, for appellee.


BIRDSONG, Judge.

Buster O'Neal, Jr. was convicted of burglary of a United Parcel Service building. He was discovered in the building and escaped, but not without leaving behind his jacket with his wallet and identification papers. He complains on appeal that the trial court erred in refusing, upon request, to charge the lesser included offense of theft by taking. Held:

The appeal is without merit. Appellant's defense to the burglary charge was that...

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