Horton v. State

Almand, Chief Justice.

The appellant, Johnny Larry Horton, was indicted by the grand jury of Fulton County on charges of armed robbery and motor vehicle theft. He was tried before a jury, which found him guilty of both charges, and fixed his punishment at 20 years imprisonment for the armed robbery and 5 years for the theft of the vehicle. The trial court denied appellant’s motion for a new trial, as amended, and he appeals from that order.

Appellant enumerates as error number 1 a portion of the court’s charge to the jury, as follows: "... I charge you that if a crime should be committed as…