Owens v. State

LUMPKIN, Judge:

concur in part/dissent in part.

1 I concur in the result reached by the Court but I must take issue with some of the opinion's syntax and analysis.

2 The opinion fails to apply a long line of case law precedent when it states "the State's argument that Owens waived his right to request an instruction on second degree robbery because he raised an alibi defense is not persuasive. This type of formalism defeats the ends of justice and ignores the duty of the court to charge the jury based on the evidence presented at trial". The problem with this analysis and syntax is that the…