Shelton v. State

Quillian, Chief Judge.

Defendant appeals his conviction for aggravated assault with a deadly weapon. Held:

1. Error is asserted because the trial court refused to give a requested instruction on misapprehension or mistake of fact, defendant’s sole defense.

The evidence showed that defendant and a co-defendant got into an altercation with the victim. Someone said the victim had a gun. The victim in fact had a beer bottle in his hand which defendant testified he mistakenly believed was a gun. Defendant then struck the victim with a knife, cutting him in the shoulder.

We find no error. The defense…