Hiley v. State

Ellington, Judge.

A Muscogee County jury convicted Willie Darrell Hiley of burglary, OCGA § 16-7-1. Following the denial of his motion for new trial, Hiley appeals, asserting the general grounds and contending that the trial court erred in refusing to give his requested jury charge on the lesser included offense of criminal trespass, OCGA § 16-7-21 (b) (1). We find that the law and the evidence required that the jury be instructed on criminal trespass and, therefore, reverse.

“[A] written request to charge a lesser included offense must always be given if there is any evidence that the…