Bearden v. State

McMurray, Presiding Judge.

Defendant was indicted for the offense of cruelty to children and convicted of the lesser included offense of simple battery. Defendant’s motion for new trial was denied, and defendant appeals enumerating as error the trial court’s refusal to give certain instructions in its charge to the jury. Held:

1. Defendant’s enumerations of error numbers 1, 2 and 6 each contend that the trial court should have given in charge to the jury Code Ann. § 26-901 (c) (Ga. L. 1968, pp. 1249, 1272) or some paraphrase of same. This Code section provides for a defense of justification…