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134 Ga. App. 727

215 S.E.2d 735

Timley v. State

Court of Appeals of Georgia

Decided May 8, 1975

Court of Appeals of Georgia · decided 1975-05-08

Relies on Hill v. State · 127 Ga. App. 108 - Hinton v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1975-05-08

How this case has been cited

Cited by 5 later decisions — most recently June 2018

5 state decisions

3019751980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Bell, Chief Judge.

¶1 In this prosecution for robbery by sudden snatching, the state’s evidence established all of the elements of this crime. The defendant relied on alibi as a defense. Therefore, under the evidence, the defendant could only be guilty as charged or not guilty of any offense whatsoever. This being so, the lesser included offense of theft by taking was not raised by the evidence and it was not error to fail to charge the jury on this lesser crime as a possible verdict. Hill v. State, 229 Ga. 307 (191 SE2d 58); Hinton v. State, 127 Ga. App. 108 (192 SE2d 717).

¶2 Judgment affirmed.

Webb and Marshall, JJ., concur.
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