lesser included offense instruction (Georgia) · Go Syfert
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lesser included offense instruction in Georgia

7 Georgia opinions name it 2 courts 1982–2011 0 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Swailes v. Stategreen
gactapp · 1988 · cited in 1 Georgia opinions naming this issue, 2011–2011
1 sentence

2011Swailes v. State, 188 Ga.App. 709, 712 (2), 373 S.E.2d 825 (1988).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Robinson v. State neutral
gactapp · 1988
1 sentence

2011Swailes v. State, 188 Ga.App. 709, 712 (2), 373 S.E.2d 825 (1988).

12011–2011
Keeble v. United States green
scotus · 1973
1 sentence

2010Id. at 213-214 .

12010–2010
Prayor v. State green
gactapp · 1995
1 sentence

1999Id.

11999–1999
James v. State green
gactapp · 1993
2 sentences

1994James v. State, 210 Ga. App. 454 (2) (a) ( 436 SE2d 565 ).

1994James v. State, 210 Ga. App. 454 (2) (a) ( 436 SE2d 565 ).

11994–1994
Morrison v. State green
gactapp · 1978
2 sentences

1990Thus, if there was any error as to the trial court’s charge regarding the defense of mistake, it was directly aided and invited by the conduct of appellant. “[A] defendant cannot complain of a verdict which was brought about by a charge which he had requested.” Morrison v. State, 147 Ga. App. 410 (4) ( 249 SE2d 131 ).

1990Thus, if there was any error as to the trial court’s charge regarding the defense of mistake, it was directly aided and invited by the conduct of appellant. “[A] defendant cannot complain of a verdict which was brought about by a charge which he had requested.” Morrison v. State, 147 Ga. App. 410 (4) ( 249 SE2d 131 ).

11990–1990
Dalton v. State green
ga · 1982
2 sentences

1988Appellant’s second enumeration of error is that the trial court erred in refusing to charge the jury “that the lesser included offense of trafficking in cocaine is possession.” This case is distinguishable from both Dalton v. State, 249 Ga. 720 ( 292 SE2d 834 ) and Waters v. State, 177 Ga. App. 374 ( 339 SE2d 608 ), as neither of these cases involve the denial of a request for a lesser included offense instruction.

1988Appellant’s second enumeration of error is that the trial court erred in refusing to charge the jury “that the lesser included offense of trafficking in cocaine is possession.” This case is distinguishable from both Dalton v. State, 249 Ga. 720 ( 292 SE2d 834 ) and Waters v. State, 177 Ga. App. 374 ( 339 SE2d 608 ), as neither of these cases involve the denial of a request for a lesser included offense instruction.

11988–1988
Waters v. State green
gactapp · 1985
2 sentences

1988Appellant’s second enumeration of error is that the trial court erred in refusing to charge the jury “that the lesser included offense of trafficking in cocaine is possession.” This case is distinguishable from both Dalton v. State, 249 Ga. 720 ( 292 SE2d 834 ) and Waters v. State, 177 Ga. App. 374 ( 339 SE2d 608 ), as neither of these cases involve the denial of a request for a lesser included offense instruction.

1988Appellant’s second enumeration of error is that the trial court erred in refusing to charge the jury “that the lesser included offense of trafficking in cocaine is possession.” This case is distinguishable from both Dalton v. State, 249 Ga. 720 ( 292 SE2d 834 ) and Waters v. State, 177 Ga. App. 374 ( 339 SE2d 608 ), as neither of these cases involve the denial of a request for a lesser included offense instruction.

11988–1988
Stonaker v. State green
gactapp · 1975
2 sentences

1982Stonaker v. State, 134 Ga. App. 123 ( 213 SE2d 506 ) (1975).

1982Stonaker v. State, 134 Ga. App. 123 ( 213 SE2d 506 ) (1975).

11982–1982

Where else courts name it

TX 965 (1980–2026) MS 391 (1984–2026) IL 242 (1978–2026) WA 237 (1977–2026) CA 200 (1975–2026) OH 191 (1975–2026) TN 156 (1995–2026) MO 139 (1976–2025) KS 123 (1978–2026) AZ 101 (1979–2025) IN 88 (1974–2024) NM 83 (1979–2025) UT 75 (1982–2026) DC 67 (1975–2021) CT 65 (1980–2025) WI 60 (1984–2025) AL 56 (1982–2024) MI 55 (1966–2025) NC 54 (1980–2026) WY 52 (1978–2024) AR 51 (1984–2026) MT 47 (1978–2025) KY 47 (1993–2025) WV 46 (1981–2026) NJ 45 (1979–2025) CO 44 (1974–2026) MN 39 (1976–2026) MA 39 (1984–2025) VA 33 (1976–2025) FL 32 (1972–2021) NE 31 (1982–2025) OK 27 (1981–2020) OR 25 (1970–2016) ND 23 (1977–2025) AK 23 (1979–2025) IA 23 (1980–2025) HI 23 (1980–2026) RI 22 (1981–2026) DE 20 (1992–2025) PA 19 (1975–2016) SD 19 (1986–2019) SC 17 (1985–2023) MD 17 (1989–2024) NV 17 (1994–2019) LA 14 (1982–2026) VT 12 (1981–2019) NH 12 (1979–2020) NY 10 (1978–2023) ID 8 (1983–2022) GA 7 (1982–2011) ME 3 (2007–2025) GU 2 (2024–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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