Wainwright v. State

Banke, Presiding Judge.

The appellant was convicted of aggravated battery based on his involvement in a fight which ended in a shooting. He brings this appeal from the denial of his motion for new trial. Held:

1. The appellant contends that the trial court erred in failing to give his requested jury instruction on the right to use force in defense of others. See generally OCGA § 16-3-21 (a). The fight started as an altercation between the victim and the appellant’s younger son, Jimmy, but expanded to involve other participants. While there was little agreement at trial as to what transpired…