Manbeck v. State

dissenting.

Because I believe that the trial court committed reversible error in refusing appellant’s requested charge on misdemeanor possession of marijuana, I must respectfully dissent from the holding in Division 2 of the majority opinion. Pursuant to the ruling in State v. Stonaker, 236 Ga. 1 (222 SE2d 354) (1976), “it is now discretionary for the court on its own volition to charge on a lesser crime of that included in the indictment. But if there is a written request to charge on lesser included crimes in the indictment, and if the evidence warrants such requested charge or charges, it…