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Westmoreland v. State

Robbery defendant was not entitled to a charge on claim of right, since claim of right is not a defense to robbery by sudden snatching and there was no evidence that defendant committed the lesser included offense of theft by taking.

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A jury found Amos Westmoreland guilty of robbery. He appeals from the conviction entered on the verdict. In his sole enumeration of error, Westmoreland contends the trial court erred by failing to charge the jury on his sole defense of “claim of right.” See OCGA § 16-8-10 2. Under the facts of this case, we find no error and affirm.

The evidence given at trial shows the following. On November 18, 1998, the victim was involved in a automobile collision and received medical treatment in the emergency room of Southern Regional Medical Center for pulled ligaments and a broken finger. When the victim left the emergency room with his wife around 10:15 p.m., he was on crutches and had on a splint and bandages on one arm which extended onto his hand and a splint and bandages on one leg which extended onto his foot. The victim and his wife drove across the street to the CVS pharmacy to have a prescription filled. The victim’s wife went into the pharmacy and the victim remained in the car. The victim’s crutches were visible since they were sticking out of the open back window.

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