Summary
finding that although “[f]ailure to give a charge on a defendant's sole defense is error regardless of whether the defendant requested a charge on the defense,” the trial court did not err in failing to charge on self-defense because the defendant denied that he stabbed the victim
Summary of this case from Palmer v. StateOpinion
A92A0196.
DECIDED APRIL 29, 1992.
Aggravated assault, etc. Colquitt Superior Court. Before Judge Lilly.
Sam J. Gardner, Jr., for appellant.
H. Lamar Cole, District Attorney, Charles M. Stines, Mark E. Mitchell, Assistant District Attorneys, for appellee.
Appellant/defendant John B. Benefield appeals his conviction for aggravated assault and possession of a knife during the commission of a crime and the denial of his motion for new trial. Defendant contends the trial court erred by failing to charge the jury as to defendant's sole defense, self-defense. It is undisputed that defendant did not submit a written request to charge on the issue of self-defense. "This court has held that where there has been no written request to charge, failure to give the charge is not error. [Cits.]" Arnold v. State, 163 Ga. App. 94, 96 (4) ( 292 S.E.2d 891) (1982); Lamb v. State, 196 Ga. App. 665 (3) ( 396 S.E.2d 497) (1990).
Defendant contends, however, he made an oral request to charge on self-defense, which defendant contends is a sufficient request to charge to comply with Uniform Superior Court Rule 10.3. In Bullock v. State, 202 Ga. App. 65 ( 413 S.E.2d 219) (1991), we held that all requests to charge must be submitted in writing, even those covering unanticipated points arising during the trial. Furthermore, our review of the record does not reveal that defendant made a request to charge on self-defense but only that he objected to the trial court's failure to charge on self-defense.
Failure to give a charge on a defendant's sole defense is error regardless of whether the defendant requested a charge on the defense. Henderson v. State, 141 Ga. App. 430 (4) ( 233 S.E.2d 505) (1977). The record reveals, however, that self-defense was not defendant's sole defense. Defendant denied he stabbed the victim during his testimony. Thus, the trial court did not err by failing to charge on self-defense on this basis. See Campbell v. State, 160 Ga. App. 561 (3) ( 287 S.E.2d 591) (1981).
Judgment affirmed. Carley, P. J., and Johnson, J., concur.