Smith v. State

Ellington, Judge.

A Lowndes County jury convicted Jerome Smith of armed robbery, OCGA § 16-8-41 (a). Smith appeals, contending the trial court erred in refusing to give his requested jury charges on robbery by intimidation and theft by taking.

*553A written request to charge a lesser included offense must always be given if there is any evidence that the defendant is guilty of the lesser included offense. However, where the state’s evidence establishes all of the elements of an offense and there is no evidence raising the lesser offense, there is no error in failing to give a charge on the lesser…