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SMITH v. THE STATE.

WEBB, Judge.

Franklin Smith appeals his conviction of burglary, urging that the court erred in asking a question of a witness, and that it erred in failing to charge on the lesser included offense of criminal trespass.

We find no error as to either enumeration since in the first instance no objection was made to the court's question ( Sanders v. State, 134 Ga. App. 825 ( 216 S.E.2d 371) (1975)), and since in the second no charge on criminal trespass was requested. State v. Stonaker, 236 Ga. 1 ( 222 S.E.2d 354) (1976), applicable to this trial occurring on February 3, 1976; Kessel v. State, 236 Ga. 373, 374 ( 223 S.E.2d 811) (1976).

Judgment affirmed. Deen, P. J., and Quillian, J., concur.

WEBB, Judge.

SUBMITTED SEPTEMBER 15, 1976 — DECIDED SEPTEMBER 22, 1976.
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SMITH v. STATE
(Sep 22, 1976)