Dickey v. State

OPINION

in which McCORMICK, P.J., MEYERS, MANSFIELD, KELLER, and HOLLAND, J.J., joined.

Ervin Dickey’s defense at trial was that he was attacked by multiple assailants. The trial court did not charge the jury on this defense. Today we must decide whether the trial court’s failure to give Dickey’s requested instruction on multiple assailants was harmless error. We conclude that it was.

Facts

In response to a page from Zerick Mar-vis, Dickey and Carlton Brown went to Marvis’s apartment. After answering the door, Marvis went back inside the apartment and returned wearing a bullet proof vest. When…