Dukes v. State

Mikell, Judge.

A Fulton County jury found Mark Dukes guilty of aggravated assault. On appeal, Dukes claims the trial court erred in (1) refusing to give his request for a charge on no duty to retreat, (2) instructing the jury that excessive force in self-defense is unlawful without also giving a charge on no duty to retreat, and (3) failing to ask that the jury consider the totality of circumstances in which Dukes found himself in determining whether he used excessive force. For reasons which follow, we find that these claims have no merit and affirm.

Viewed in a light most favorable to the…