King v. State

Quillian, Presiding Judge.

Defendant, tried and convicted for burglary, appeals to this court. His sole enumeration of error is that the evidence was insufficient to authorize the trial judge’s charge in the language of OCGA § 16-2-20 (Code Ann. § 26-801) regarding when a person is a party to a crime. Held:

As this court pointed out under the antecedent code section (Code Ann. § 26-801) to our present OCGA § 16-2-20: “A charge on this subject is error only where there is insufficient evidence, circumstantial or otherwise, to support the theory.” Freeman v. State, 130 Ga. App. 718, 720 (3) (204…