Richards v. State

Ellington, Judge.

A Cobb County jury found Donald Earl Richards guilty of aggravated assault, OCGA§ 16-5-21 (a) (2), and robbery by intimidation, OCGA § 16-8-40 (a) (2). Following the grant of an out-of-time appeal, Richards contends the trial court erred in refusing to charge the jury that the “claim of right” affirmative defense, OCGA § 16-8-10 (2), could be considered as a defense to a charge of robbery.

The “claim of right” defense applies only to prosecutions for theft crimes in violation “of Code Sections 16-8-2 through 16-8-7” when a defendant “[ajcted under an honest claim of right to…