Tarvestad v. State

Fletcher, Justice.

Ronald Eugene Tarvestad was convicted of being a habitual violator under OCGA § 40-5-58. The Court of Appeals affirmed. Tarvestad v. State, 198 Ga. App. 863 (403 SE2d 446) (1991). We granted a writ of certiorari to consider whether the trial judge should have given a jury instruction on justification based on OCGA § 16-3-20 (6).1 Because we find that Tarvestad presented some evidence of his sole de*606fense and the jury charge as a whole did not reflect his theory of the case, we reverse the Court of Appeals’ affirmance of his conviction.

Tarvestad was driving his pregnant wife…