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…