Moyer v. State

McMurray, Presiding Judge.

Defendant and two others were indicted for the offense of theft by taking a motor vehicle (Code Ann. §§ 26-1802 (Ga. L. 1978, pp. 2257, 2258) and 26-1812 (c.l) (1) (Ga. L. 1981, pp. 1552, 1553, 1576)). This defendant was tried and convicted and sentenced to serve three years for the offense of criminal attempt: theft by taking a motor vehicle; the jury having returned a verdict of guilty of “attempt to steal” at which time the court instructed the jury foreman to write in there “guilty of attempt to steal an automobile” over the objection of *630the counsel for…