Penn v. State

Beasley, Judge.

Penn was convicted of aggravated battery (OCGA § 16-5-24), aggravated assault (OCGA § 16-5-21), and simple battery (OCGA § 16-5-23). He was sentenced only for aggravated battery because the other two convictions merged. His sole enumeration is that the court erred by failing to give his three requests to charge with respect to the defense of justification. The first of these was based on the first sentence of OCGA § 16-3-20, which states: “The fact that a person’s conduct is justified is a defense to prosecution for any crime based on that conduct.” The second one, on use of…