MARTIN v. STATE

A94A0368.

213 Ga. App. 146 (1994)

444 S.E.2d 103

MARTIN v. THE STATE.

Court of Appeals of Georgia.

Reconsideration Denied May 5, 1994.


Attorney(s) appearing for the Case

Cauthorn & Phillips, Thomas E. Cauthorn III, for appellant.

Thomas J. Charron, District Attorney, Don T. Phillips, Debra H. Bernes, Nancy I. Jordan, Assistant District Attorneys, for appellee.


POPE, Chief Judge.

Defendant was convicted by a jury of armed robbery (OCGA § 16-8-41) and several traffic offenses not at issue here. In his sole enumeration of error, he contends the trial court erred in refusing his request to charge the jury on the lesser included offense of robbery (OCGA § 16-8-40).

Evidence at trial showed that defendant was driving around in his car with five friends when they decided to commit a robbery. They first discussed...

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