Huff v. State

Under the decision of the Supreme Court in Downs v. State, 175 Ga. 439 (165 SE 112), and of this court in Frazier v. State, 88 Ga. App. 82 (76 SE2d 70), the charge on justifiable homicide in defense of habitation should have been given even in the absence of any request. While it is true that the court charged generally on justifiable homicide (Code § 26-1011), as pointed out in the Downs and Frazier cases, supra, such charge is not sufficient where the defense is based on justifiable homicide under con*266ditions bringing it within Code § 26-1013 dealing with defense of habitation.

The majority…