BAGLEY v. STATE

QUILLIAN, Presiding Judge.

The defendant appeals his conviction for aggravated assault. He contends the trial judge erred in charging the substance of Code Ann. § 26-902 (b) (CCG § 26-902 (b); Ga. L. 1968, pp. 1249, 1272) because there was no evidence that the defendant and the person he stabbed were "engaged in a combat by agreement." Held:

"Even though not every phrase and portion of the Code section be applicable, it is generally held that a new trial will not be granted if the court gave in charge an entire statute or Code provision where a part thereof is applicable even though a part may be inapplicable under the facts in evidence." Rowles v. State, 143 Ga. App. 553, 557 (3) ( 239 S.E.2d 164). Accord, Pippin v. State, 205 Ga. 316 (9) ( 53 S.E.2d 482). Hence, it was not reversible error for the trial judge to give a charge on Code Ann. § 26-902 (b), parts of which were applicable to the factual situation, even though a portion thereof was not specifically pertinent. Highland v. State, 127 Ga. App. 518, 519 (1) ( 194 S.E.2d 332); Harrison v. State, 138 Ga. App. 419, 420 (2) ( 226 S.E.2d 480); Ford v. State, 232 Ga. 511, 517 (12) ( 207 S.E.2d 494).

Judgment affirmed. Shulman and Carley, JJ., concur.