McDougal v. State

Deen, Chief Judge.

It is well established that "[t]he trial judge also may, of his own volition and in his discretion, charge on a lesser crime of that included in the indictment or accusation. However, his failure to do so, without written request by the state or the accused, is not error.” State v. Stonaker, 236 Ga. 1, 2 (222 SE2d 354) (1976). Here no timely written request for a charge on the lesser included offenses was made.

Judgment affirmed.

Shulman and Carley, JJ., concur.