Legal Opinion

Diaz v. State

Court of Appeals of Georgia

Decided February 20, 1990No. A89A2147PublishedCited by 8 opinions

1Opinion of the Court

Birdsong, Judge.

Appellant, Jose Nicolas Diaz, appeals his judgment of conviction of aggravated assault with a deadly weapon and sentence. Appellant enumerates three errors each pertaining either to charges given the jury or to written requests for charges which the trial court declined to give. Held:

1. The trial court gave a patterned instruction on self-defense which virtually mirrored the provisions of OCGA § 16-3-21 (a) & (b). Appellant asserts that the trial court erred in giving this charge as it was not tailored and there was no evidence that appellant attempted to commit, committed or…

2Cases cited10 opinions

  1. Hambrick v. StateSupreme Court of Georgia · 1987
  2. Lumpkin v. StateSupreme Court of Georgia · 1982
  3. Joiner v. StateCourt of Appeals of Georgia · 1982
  4. Guthrie v. StateCourt of Appeals of Georgia · 1978
  5. Brown v. StateCourt of Appeals of Georgia · 1981

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Chandler v. StateCourt of Appeals of Georgia · 1994
  2. Gentry v. StateCourt of Appeals of Georgia · 1994
  3. Hunley v. StateCourt of Appeals of Georgia · 1997
  4. Gordon v. StateCourt of Appeals of Georgia · 2000
  5. McKissic v. StateCourt of Appeals of Georgia · 1991

3 more not listed; retrieve them via the Exa API.

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