Hubbard v. State

I must respectfully dissent because it is well settled in this state that a trial judge must charge a defendant’s sole defense, even if no request is made, and failure to do so constitutes reversible error. The majority’s holding stands in direct conflict with an unbroken line of case law pre-dating this court’s decision in Glaze v. State, 2 Ga. App. 704 (58 SE 1126) (1907). In Glaze, the court set forth the principles which have guided Georgia courts for nearly 90 years as follows: “It seems to have been uniformly held by the Supreme Court that the omission to submit the controlling issue in…