Huff v. State

In my opinion, it is not necessary to determine whether or not the defendant’s statement presented a defense of justifiable homicide under Code § 26-1013. Assuming, without deciding, that such defense was set up by her statement, it was set up by her statement alone *265and not by any other evidence or testimony in the case. It is not error for the court to fail to charge on the theory of defense raised solely by defendant’s statement, in the absence of a proper written request. Hart v. State, 28 Ga. App. 258 (1) (110 SE 745); Saunders v. State, 43 Ga. App. 59 (7) (158 SE 433); Glover v. State,…