Alice Marie Wilkes was convicted of forgery in the first degree. She appeals, asserting as error the refusal of the trial court to give a requested charge, the admission of prior convictions for impeachment purposes, and the denial of her motion to quash. Finding no error, we affirm. 1. Wilkes first complains that the trial court erred in refusing to give her requested charge No. 17 with respect to the offense of negotiating a fictitious check. The charge conference was not reported. Wilkes argues that negotiating a fictitious check under OCGA § 16-9-21 is a lesser included offense of forgery and that therefore the trial court should have given her requested charge. Assuming without deciding that negotiating a fictitious check might in some instances constitute a lesser included offense of forgery, the trial court did not err in refusing to give the requested charge because it was not adjusted to the facts.
The requested charge stated in its entirety:It shall be unlawful for any person to print or cause to be printed checks, drafts, orders, or debit card sales drafts, drawn upon any financial institution. Should you find beyond a reasonable doubt that the defendant printed or caused to be printed the check in question and knew that said check was fictitious or counterfeit, then you would be authorized to find the defendant guilty of negotiating a fictitious check. If you do not find that the defendant printed or caused to be printed the check in question and knew that said check was fictitious or counterfeit, then you would be authorized to find the defendant not guilty of negotiating a fictitious check. The manager in charge of the business account on which the check was purportedly drawn testified that the financial institution, account number, and telephone number on the check were all correct. No testimony was presented that “the account number, routing number, or other information printed on such check” was in error, fictitious, or assigned to another. The check in question, however, had originally been payable to another person in a much smaller amount.
