Gardner v. State

Banke, Presiding Judge.

Gardner was convicted of driving under the influence, aggravated assault, and criminal trespass. On appeal, he contends that the trial court erred in failing to instruct the jury on the elements of the offense of criminal trespass. Held:

“The trial judge must charge the jury on each crime specified in the indictment or accusation, unless the evidence does not warrant a conviction of such crime, or unless the state has affirmatively withdrawn a crime or stricken it from the indictment or accusation.” State v. Stonaker, 236 Ga. 1, 2 (222 SE2d 354) (1976). (Emphasis…