Wike v. State

Barnes, Judge.

Following his jury conviction for misdemeanor battery and the subsequent denial of his motion for new trial, Randy Wike appeals, contending that the trial court erred in declining to give his charge on defense of habitation. Upon finding that the evidence did not support a charge on defense of habitation, we affirm.

Construed to support the conviction, the evidence demonstrates that on January 15, 2001, when Wike brought his son home after a weekend visit, the victim was working in the front yard. The victim is married to Wike’s ex-wife. When his son got out of the car, Wike…