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Smith v. State

The victim's testimony that defendant threatened her with a knife and threatened to kill her before taking money from a convenience store cash-register showed that defendant completed the offense of armed robbery

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A Lowndes County jury convicted Jerome Smith of armed robbery, OCGA § 16-8-41 a. Smith appeals, contending the trial court erred in refusing to give his requested jury charges on robbery by intimidation and theft by taking.

“A written request to charge a lesser included offense must always be given if there is any evidence that the defendant is guilty of the lesser included offense. However, where the state’s evidence establishes all of the elements of an offense and there is no evidence raising the lesser offense, there is no error in failing to give a charge on the lesser offense.” Punctuation and citations omitted. Lightfoot v. State, 227 Ga. App. 605, 606 490 SE2d 177 1997. At trial, the State introduced evidence that Smith entered a convenience store on July 22, 2000, went behind the counter and demanded money. The clerk testified that Smith threatened her with a knife and said, “Don’t make me kill you.” The clerk opened the register and Smith took money from the drawer.

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