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HOBGOOD v. STATE

63693.

162 Ga. App. 435 (1982)

291 S.E.2d 570

HOBGOOD v. THE STATE.

Court of Appeals of Georgia.

Decided May 26, 1982.

Attorney(s) appearing for the Case

Wesley Williams, for appellant.

John R. Thompson, Solicitor, William B. Morgan, Assistant Solicitor, for appellee.

BIRDSONG, Judge.

The appellant was convicted of shoplifting, and contends on appeal that the trial court erred in failing to charge the jury as to the defense of mistake of fact (Code Ann. § 26-705). We have repeatedly held that failure to give this charge may be reversible where the defense of mistake of fact is the defendant's sole defense, as where the defendant concedes that the factual circumstances perceived by the

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