DUKES v. STATE

No. A02A0244.

568 S.E.2d 151 (2002)

256 Ga. App. 236

DUKES v. The STATE.

Court of Appeals of Georgia.

July 1, 2002.


Attorney(s) appearing for the Case

James J. Lacy, Smyrna, for appellant.

Paul L. Howard, Jr., Dist. Atty., Anne E. Green, Asst. Dist. Atty., for appellee.


MIKELL, Judge.

A Fulton County jury found Mark Dukes guilty of aggravated assault. On appeal, Dukes claims the trial court erred in (1) refusing to give his request for a charge on no duty to retreat, (2) instructing the jury that excessive force in self-defense is unlawful without also giving a charge on no duty to retreat, and (3) failing to ask that the jury consider the totality of circumstances in which Dukes found himself in determining whether he used excessive...

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