HUBBARD v. STATE

No. A95A2510.

469 S.E.2d 866 (1996)

220 Ga. App. 678

HUBBARD v. The STATE.

Court of Appeals of Georgia.

March 14, 1996.


Attorney(s) appearing for the Case

Lane & Crowe, Robert L. Crowe, Brunswick, Clyde M. Urquhart, Woodbine, for appellant.

Glenn Thomas, Jr., District Attorney, George C. Turner, Jr., Assistant District Attorney, Woodbine, for appellee.


BEASLEY, Chief Judge.

Enoch Hubbard appeals his conviction of burglary (OCGA § 16-7-1).

1. Hubbard contends that the trial court erred in failing to charge the jury on identification, his sole defense at trial, despite the absence of a request.

"Generally, where no written request for a jury charge has been filed, the failure to give that charge is not error. [Cit.]... However, failure to charge the sole defense, even without a request, constitutes...

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