Hobgood v. State

Birdsong, Judge.

The appellant was convicted of shoplifting, and contends on appeal that the trial court erred in failing to charge the jury as to the defense of mistake of fact (Code Ann. § 26-705). We have repeatedly held that failure to give this charge may be reversible where the defense of mistake of fact is the defendant’s sole defense, as where the defendant concedes that the factual circumstances perceived by the state to be a criminal act on his part did in fact occur but only under a mistake of fact and therefore without the requisite criminal intent constituting the crime charged.…