Devoe v. State

Marshall, Justice.

In his appeal from his conviction of murder and life sentence, the sole errors enumerated pertain to the court’s charge on implied malice, felony murder and criminal negligence.

“Under our holdings in White v. State, 243 Ga. 250 (253 SE2d 694) (1979), and Hill v. State, 246 Ga. 402 (1980), defense counsel has waived any rights under Code Ann. § 70-207 by stating he had no objection to the charge. In order to avoid waiver, if the trial court inquires if there are objections to the charge, counsel must state his objections or follow the procedure set forth in Gaither v. State,…