Smith v. State

Full title: SMITH v. THE STATE

Court: Court of Appeals of Georgia

Date published: Sep 22, 1976

229 S.E.2d 104 (Ga. Ct. App. 1976)

139 Ga. App. 615

Opinion

52687.

SUBMITTED SEPTEMBER 15, 1976.

DECIDED SEPTEMBER 22, 1976.

Burglary. Fulton Superior Court. Before Judge Alverson.

Robert C. Ray, for appellant.

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

WEBB, Judge.

Franklin Smith appeals his conviction of burglary, urging that the court erred in asking a question of a witness, and that it erred in failing to charge on the lesser included offense of criminal trespass.

We find no error as to either enumeration since in the first instance no objection was made to the court's question ( Sanders v. State, 134 Ga. App. 825 ( 216 S.E.2d 371) (1975)), and since in the second no charge on criminal trespass was requested. State v. Stonaker, 236 Ga. 1 ( 222 S.E.2d 354) (1976), applicable to this trial occurring on February 3, 1976; Kessel v. State, 236 Ga. 373, 374 ( 223 S.E.2d 811) (1976).

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

WEBB, Judge.

SUBMITTED SEPTEMBER 15, 1976 — DECIDED SEPTEMBER 22, 1976.