McRae v. State

Bell, Chief Judge.

Defendant was convicted of burglary. Held:

Defendant urges that the trial court erred in refusing to charge the jury on the lesser offense of criminal trespass after a written request for the charge. Defendant’s purported request reads in part as follows: "Defendant... requests the court change [sic] as to lesser offenses: 1... 2. Criminal trespass.” In State v. Stonaker, 236 Ga. 1 (222 SE2d 354), it was held that it was not error to fail to charge on a lesser offense in the absence of a written request. In order for a refusal to charge to constitute error the requested…