Britt v. State
| Decision Date | 02 October 1987 |
| Docket Number | No. 75241,75241 |
| Citation | 184 Ga.App. 445,361 S.E.2d 710 |
| Parties | BRITT v. The STATE. |
| Court | Georgia Court of Appeals |
Michael C. Clark, Lawrenceville, for appellant.
Thomas C. Lawler, Dist. Atty., Phil Wiley, Asst. Dist. Atty., Lawrenceville, for appellee.
The appellant, David E. Britt, was found guilty by a jury of aggravated assault upon a police officer. He brings this appeal following the denial of his motion for a new trial.
On February 12, 1986, Britt struck Detective C.M. Walters with his car. Walters, with other officers, was executing a search warrant at the residence of Allison Adams and Lonnie Isler when Britt telephoned Adams. Walters answered the phone and said that Adams was not available. Britt then told Walters that he would be by in fifteen minutes, believing that he was speaking to Allison Adams' brother. Walters never identified himself as a police officer. Following the call, the police officers removed their cars and attempted to get out of sight so that Britt would be unaware of their presence. As a result, there were no marked police cars in the driveway and Walters was not in uniform when Britt arrived.
Britt, accompanied by his girl friend, drove into the driveway. Walters, who was standing at the side entrance of the house, approached the passenger side of the car. The evidence as to what next occurred is conflicting. Walters claims that when he asked Britt to identify himself, he identified himself as a police officer and showed his badge. He claims that Britt put the car in reverse and attempted to get away. Walters contends that he then pulled out his revolver and yelled "police officer," and that Britt then came at him and struck him with his car.
Britt, however, contends that the first time he saw Walters, Walters had pulled his weapon, and that is the reason he (Britt), attempted to leave the scene. Britt admitted that he heard Walters yelling something, but he could not understand him and was much more concerned about getting away from the man with the gun. Britt testified that at no time did he realize that Walters was a police officer.
of fact, although he did not request such a charge, because it constituted his sole defense.
OCGA § 16-3-5 provides: "A person shall not be found guilty of a crime if the act or omission to act constituting the crime was induced by a misapprehension of fact which, if true, would have justified the act or omission." At trial, appellant denied that he tried to strike Walters with his car, but rather claimed he "was just trying to get away from there" and that he had "to kinda run up on the grass to keep from hitting him." As appellant denied committing any illegal act, his defense was not premised upon an admitted but mistaken "act." The evidence therefore did not support such a charge, and it was not error to fail to charge that defense. Curry v. State, 162 Ga.App. 71, 290 S.E.2d 179 (1982); Gunter v. State, 155 Ga.App. 176, 270 S.E.2d 224 (1980).
To continue reading
Request your trial
-
Thompson v. State
...of joint possession. It is not error to decline to instruct on an issue not reasonably raised by the evidence. See Britt v. State, 184 Ga.App. 445(1), 361 S.E.2d 710 [(1987)]; Pittman v. State, 175 Ga.App. 50(1), 332 S.E.2d 356 [(1985)]. Equal access is merely a defense available to the acc......
-
Jones v. State
...the defense of equal access. No instruction need be given regarding a defense not reasonably raised by the evidence. Britt v. State, 184 Ga.App. 445, 446(1), 361 S.E.2d 710. We will not reverse the correct ruling of a trial court regardless of the reason thereto attributed. Ely v. State, 19......
-
Chandler v. State, A92A0573
...See Bundren, supra at 181-182, 274 S.E.2d 455; Hudson v. State, 189 Ga.App. 201, 202, 375 S.E.2d 475) (1988); Britt v. State, 184 Ga.App. 445, 446, 361 S.E.2d 710 (1987). Although the trial court in Cornwell v. State, 193 Ga.App. 561, 562, 388 S.E.2d 353 (1989), failed to specifically instr......
-
Cornwell v. State
...is knowledge that the victim was a police officer. See Bundren v. State, 247 Ga. 180(2), 274 S.E.2d 455 (1981); Britt v. State, 184 Ga.App. 445(2), 361 S.E.2d 710 (1987). The state, on the other hand, cites Carter v. State, 162 Ga.App. 44(2), 290 S.E.2d 143 (1982), for the proposition that ......