BARNWELL v. STATE

47531.

127 Ga. App. 335 (1972)

193 S.E.2d 203

BARNWELL v. THE STATE.

Court of Appeals of Georgia.

Decided September 19, 1972.

Rehearing Denied October 17, 1972.


Attorney(s) appearing for the Case

Glenn Zell, for appellant.

Lewis R. Slaton, District Attorney, Donald G. Frost, Joseph J. Drolet, Joel M. Feldman, for appellee.


STOLZ, Judge.

The appellant and his brother, Major Barnwell, were tried and convicted of aggravated assault and motor vehicle theft. The appeal is from the judgment overruling the motion for new trial as amended. Held:

1. The trial court did not err in failing to charge that the appellant had the right to escape or resist arrest and that, in resisting arrest, he would be authorized to use such force as was reasonably necessary to prevent the illegal...

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