Givens v. State

Benham, Judge.

Appellant and his co-defendant were found guilty of robbery by force. OCGA § 16-8-40 (a) (1). Appellant now asserts as reversible error the trial court’s refusal to instruct the jury on the law of simple battery and the denial of his motion to sever his trial from that of his co-defendant.

1. Appellant’s pre-trial motion for severance was based upon the prejudice he allegedly would suffer from the admission of evidence of prior similar transactions committed by his co-defendant. The grant or denial of a motion for severance lies within the sound discretion of the trial court, and…