Summary
holding that reversible error can occur from the failure to give a mistake-of-fact instruction, even if it is not the defendant's sole defense
Summary of this case from State v. LocquiaoOpinion
S90G0781.
DECIDED JULY 5, 1990.
Certiorari to the Court of Appeals of Georgia — 194 Ga. App. 627.
Cook Palmour, Bobby Lee Cook, Vaughan Tilley, David N. Vaughan, Jr., Velma C. Tilley, for appellant.
Darrell E. Wilson, District Attorney, Mickey R. Thacker, Assistant District Attorney, for appellee.
We granted certiorari to the Court of Appeals to consider the following holding: "When a mistake of fact is not the sole defense, as it was not here, it is not error to refuse to charge." Adcock v. State, 194 Ga. App. 627 ( 391 S.E.2d 438) (1990).
We affirm the Court of Appeals' affirmance of the conviction, but we disapprove the holding that the charge concerning mistake of fact was not required. We therefore disapprove Abelman v. State, 185 Ga. App. 278, 279 (2) ( 363 S.E.2d 764) (1987), and Carswell v. State, 171 Ga. App. 455, 460 (5) ( 320 S.E.2d 249) (1984).
Judgment affirmed. All the Justices concur.