Johnson v. State

Clarke, Justice.

We granted certiorari on the question of whether a charge on the duty to retreat was required under the facts of this case where the sole defense was self-defense. The Court of Appeals held that the failure to charge on retreat without a written request was harmless error if error at all. Johnson v. State, 169 Ga. App. 194 (312 SE2d 184) (1983). We reverse.

Appellant was indicted for voluntary manslaughter and convicted of that offense by a jury. The appellant and the victim were acquaintances who, while in a bar, became involved in an argument. The evidence indicates that the…