Jackson v. State

Andrews, Judge.

Diarra Jackson appeals from the trial court’s order denying his motion for new trial after a jury found him guilty of aggravated assault and possession of a firearm during the commission of a felony. Jackson claims the trial court committed reversible error when it failed, even absent a request, to charge the jury on the lack of duty to retreat. We agree and reverse.

Case law is clear that where self-defense is the sole defense, and the issue of retreat is raised by the evidence or placed in issue, the defense is entitled to a charge on the principles of retreat as set forth in…