- Bookmark
- Share
- CaseIQ
ADCOCK v. STATE
Supreme Court of Georgia.
Jul 5, 1990
PER CURIAM.
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.
DECIDED JULY 5, 1990.
x
Alert
Please log in or sign up for a free trial to access this feature.