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McBURNETTE v. STATE

No. A98A2370.

512 S.E.2d 298 (1999)

236 Ga. App. 398

McBURNETTE v. The STATE.

Court of Appeals of Georgia.

February 10, 1999.

Attorney(s) appearing for the Case

Conrad & Abernathy, Canton, Eric A. Ballinger, Waleska, for appellant.

G. Channing Ruskell, Solicitor, Barry W. Hixson, Assistant Solicitor, for appellee.

RUFFIN, Judge.

A jury found Andrew McBurnette guilty of simple battery and the trial court sentenced him to 12 months in the Cherokee County Detention Center. McBurnette appeals, contending that the trial court erred in failing to instruct the jury on the defense of accident. For reasons which follow, we reverse.

"When there is a timely written request for an instruction on an affirmative defense that is supported by evidence, it is reversible error to fail...

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