Moore v. State

Deen, Presiding Judge.

1. Both enumerated errors refer to jury instructions. The state urges that since the defendant failed to object to the charge as given he cannot raise the question here. This is inaccurate. Code § 70-207 (a) as amended provides only that in all civil cases no party may complain of the giving or the failure to give an instruction, unless he has objected thereto prior to verdict. This statute has no relation to criminal cases. However, Thomas v. State, 234 Ga. 615 (216 SE2d 859) (1975) has laid down the rule that there may be a waiver such that the defendant cannot…