Carter v. State

As the majority incorrectly applies the standard regarding whether a jury instruction is warranted by the evidence, I respectfully dissent.

Although the majority declares that, as a matter of law, a jury instruction on justification based upon defense of a third person was not available to Antawyn, the proper legal inquiry is whether there is evidence supporting the instruction, not whether there is evidence from which a jury could reject the asserted defense. Davis v. State, 269 Ga. 276 (3) (496 SE2d 699) (1998). Ultimately rejecting or accepting such a defense is the proper province of the…