Turley v. State

I concur with the majority opinion holding it was prejudicial error for the trial judge to refuse appellant’s request to instruct the jury on the lesser included degree of theft of property.

I respectfully dissent from the majority decision to reverse and remand the case for a new trial because of the failure to instruct on the lesser included degree of theft.

Here the evidence of theft was overwhelming and reversal for a new trial is not required. The error in failing to give the instruction on the lesser included degree of theft had no bearing upon the jury’s determination of guilt or…