Shepherd v. State

I concur in the affirmance of the judgment but for a different reason than expressed by the majority opinion.

1. I agree with Judge Ruffin that the issue of the validity of the conviction was not waived at trial or precluded from review by an “induced error” rule. Griffith v. State, 188 Ga. App. 789 (374 SE2d 359) (1988), is distinguishable. Unlike Shepherd’s case, Griffith involved a specific request by defendant that the jury be charged that it consider the evidence and return a verdict of guilty or not guilty of simple battery. Since Shepherd’s trial was before a judge, there was no jury…