Williams v. State

I respectfully dissent from the majority opinion because I find no merit to the appellant’s contention that the trial court erred in refusing to give his requested charge based on OCGA § 16-8-10.

1. First, the requested charge is not in the record or transcript and this court cannot assure itself of the exact wording. The burden is on an appellant to establish error which has harmed him, and this cannot be done by assertions in the brief. York v. Miller, 168 Ga. App. 849, 850 (310 SE2d 577); Holzmeister v. State, 156 Ga. App. 94 (1) (274 SE2d 109). “ * “A request to charge should in itself be…