Ellison v. State

McMurray, Presiding Judge.

Defendant was indicted, tried and convicted for the offense of aggravated assault in cutting and stabbing another human being with a knife, the same being a deadly weapon. Defendant was sentenced to serve 5 years, 3 years to be probated after serving 2 years. Defendant appeals. Held:

1. The first enumeration of error is that the defendant made a written request to charge the provisions of Code Ann. § 26-705 (Ga. L. 1968, pp. 1249,1270; 1969, pp. 857, 859), contending that the act was induced by misapprehension of fact which, if true, would have justified the act. The…