Studdard v. State

McMurray, Presiding Judge.

Defendant was indicted, tried and convicted of armed robbery. He appeals. Held:

1. Defendant contends the trial court erred in refusing to give his requested charge on the lesser offense of theft by taking. In this regard, defendant argues that the theft by taking issue was raised by his testimony and that the refusal of the trial court to charge the jury on that issue deprived him of his sole defense. We disagree.

The evidence relied upon by the State can be summed up from testimony by the victim, assistant manager of a Majik Market, as follows: “I noticed the feet…