Williams v. State

DAVIS, Judge.

Charles Herman Williams, Jr., challenges his conviction and five-year sentence for one count of felony battery, a lesser-included offense of the charge of aggravated battery. Because the trial court failed to instruct the jury on the justifiable use of nondeadly force as requested and because this error was not harmless, we reverse Williams’ judgment and sentence and remand for new trial.

It is undisputed that an altercation occurred between Williams and the victim. The victim claims that Williams attacked him without provocation and used a knife to cause a laceration in his arm…