Wilson v. State

Miller, Judge.

Bennie J. Wilson was tried before a jury and found guilty of robbery by intimidation (two counts), false imprisonment (two counts), kidnapping (two counts), and aggravated assault. On appeal, Wilson’s sole assertion of error contends the trial court erred in refusing to give his written request to charge on “mistake of fact” as a defense to the charge of kidnapping. We agree with the trial court that this request was not adjusted to the evidence and affirm.

OCGA § 16-3-5 provides: “A person shall not be found guilty of a crime if the act or omission to act constituting the crime…