Kirk v. State

Beasley, Presiding Judge.

Kirk was indicted for armed robbery, OCGA § 16-8-41 (a), by means of a handgun or something having the appearance of a gun. A jury convicted him of the lesser offense of robbery by intimidation, OCGA § 16-8-40 (a) (2). Following the denial of a new trial, Kirk challenges his conviction on two bases: The State was erroneously permitted to place his character in issue by the irrelevant testimony of its police witness; the jury was erroneously instructed that before it could consider the lesser offense of theft by taking, it had to reject a finding of guilt of armed…