Hamilton v. State

Banke, Judge.

The defendant appeals his conviction of armed robbery. This is the second appearance of the case before this court, a previous conviction having been reversed due to an erroneous evidentiary ruling in the trial court. See Hamilton v. State, 162 Ga. App. 620 (292 SE2d 473) (1982). In this appeal, the defendant’s sole enumeration of error concerns the trial court’s failure to charge the jury, without request, that its verdict must be unanimous. Held:

“If there was any doubt as to the unanimity of the verdict, the *329jury could have been (but was not) polled. Absent a request for a…