SHELTON v. STATE

63368.

161 Ga. App. 524 (1982)

289 S.E.2d 768

SHELTON v. THE STATE.

Court of Appeals of Georgia.

Decided March 5, 1982.


Attorney(s) appearing for the Case

Robert E. Andrews, for appellant.

Rafe Banks III, District Attorney, Wallace W. Rogers, Assistant District Attorney, for appellee.


QUILLIAN, Chief Judge.

Defendant appeals his conviction for aggravated assault with a deadly weapon. Held:

1. Error is asserted because the trial court refused to give a requested instruction on misapprehension or mistake of fact, defendant's sole defense.

The evidence showed that defendant and a co-defendant got into an altercation with the victim. Someone said the victim had a gun. The victim in fact had a beer bottle in his hand which defendant...

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