Lumpkin v. State

This is a case in which defendant was tried and convicted for robbery, in a purse-snatching case.

1. I agree with the majority opinion in Divisions 1 and 3.

2. I agree with the majority opinion in Division 2 with the modification that a judge has not as much discretion in passing upon a request for continuance in a criminal case as in a civil case. Murphy v. State, 132 Ga. App. 654-658 (209 SE2d 101); Brown v. State, 134 Ga. App. 771 (216 SE2d 356).

3. But I do not agree that it was not error for the trial judge to fail to charge on the lesser offense of theft by taking, as conviction of the…