Littleton v. State

Full title: LITTLETON v. THE STATE

Court: Court of Appeals of Georgia

Date published: Sep 9, 1976

229 S.E.2d 20 (Ga. Ct. App. 1976)

229 S.E.2d 20

Opinion

52387.

SUBMITTED JULY 14, 1976.

DECIDED SEPTEMBER 9, 1976.

Drug violation. Fulton Superior Court. Before Judge Shaw.

Stanley H. Nylen, for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, H. Allen Moye, Assistant District Attorneys, for appellee.

QUILLIAN, Judge.

The defendant was charged under a two-count indictment with sale of a narcotic drug and with violation of the Georgia Controlled Substances Act. He was found guilty on both counts and sentenced to 15 years. Appeal followed. Held:

1. The trial judge's charge on alibi was not reversible error for the reason assigned. See Paschal v. State, 230 Ga. 859 (2) ( 199 S.E.2d 803), where an identical charge was approved over a similar objection. See in this connection White v. State, 231 Ga. 290, 295 ( 201 S.E.2d 436).

2. The enumerations of error complaining of the court's failure, without request, to charge the law of criminal intent (Criminal Code of Georgia § 26-605; Code Ann. § 26-605 (Ga. L. 1968, pp. 1249, 1269)) are without merit. Whigham v. State, 131 Ga. App. 261, 262 (2) ( 205 S.E.2d 467). See Turpin v. State, 121 Ga. App. 294 (2) ( 173 S.E.2d 455).

Judgment affirmed. Deen, P. J., and Webb, J., concur.

QUILLIAN, Judge.

SUBMITTED JULY 14, 1976 — DECIDED SEPTEMBER 9, 1976.