Legal Opinion

Johnson v. State

Court of Appeals of Georgia

Decided October 29, 1982No. 64720PublishedCited by 11 opinions

1Opinion of the Court

McMurray, Presiding Judge.

Defendant was indicted, tried and convicted of burglary. He was sentenced to ten years, two years to serve in confinement with eight years on probation, and fined $1,000. On this appeal he enumerates four allegations of error, all relating to the jury charge. Held:

1. Defendant’s first contention is that the trial court erred in refusing his request to charge on criminal trespass as a lesser included offense. Criminal trespass (Code Ann. § 26-1503 (Ga. L. 1968, pp. 1249, 1285; 1969, pp. 857, 859; 1979, p. 764)) is indeed a lesser included offense of burglary.…

2Cases cited21 opinions

  1. Sandstrom v. MontanaSupreme Court of the United States · 1979
  2. Beck v. AlabamaSupreme Court of the United States · 1980
  3. State v. StonakerSupreme Court of Georgia · 1976
  4. Patterson v. StateSupreme Court of Georgia · 1975
  5. Siegel v. StateSupreme Court of Georgia · 1949

16 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Sanders v. StateSupreme Court of Georgia · 1983
  2. Hiley v. StateCourt of Appeals of Georgia · 2000
  3. Ferrell v. StateCourt of Appeals of Georgia · 1991
  4. Waldrop v. StateCourt of Appeals of Georgia · 2009
  5. Wyley v. StateCourt of Appeals of Georgia · 1983

6 more not listed; retrieve them via the Exa API.

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