Harrell v. State

Pope, Judge.

Defendant Benjamin F. Harrell III was convicted of the offense of simple battery and appeals.

1. Defendant argues that the trial court erred in refusing to consider his defense of justification. The record shows that defendant was convicted following a bench trial. The charges against defendant arose out of an altercation which occurred during a domestic dispute. The defendant testified at trial and admitted pushing the victim (his wife at the time of the altercation), but testified that he did so “because he didn’t want to get hit again” by the victim, who, according to defendant,…