Johnson v. State

Carley, Presiding Judge.

Appellant was tried before a jury and found guilty of rape. He appeals from the judgment of conviction and sentence entered by the trial court on the jury’s guilty verdict.

1. The trial court’s refusal to give appellant’s written request to charge on the defense of mistake of fact is enumerated as error.

Under controlling Supreme Court authority, appellant’s reliance upon defenses in addition to mistake of fact would not be a valid ground for refusing his written request to charge on that defense. Adcock v. State, 260 Ga. 302 (392 SE2d 886) (1990). Accordingly, the…