Dobbs v. State, 208 S.E.2d 178 (Ga. Ct. App. 1974). · Go Syfert
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Dobbs v. State, 208 S.E.2d 178 (Ga. Ct. App. 1974). Cases Citing This Book View Copy Cite
14 citation events across 2 distinct courts.
Strongest positive: Johnson v. State (gactapp, 1979-10-22)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see, e.g." Johnson v. State (2×)
Ga. Ct. App. · 1979 · signal: compare · confidence low
Compare Dobbs v. State, 132 Ga. App. 368 ( 208 SE2d 178 ), holding that the defense of accident is unavailable where the accused intentionally shot at another while acting in self-defense. 2.
Retrieving the full opinion text from the archive…
Dobbs
v.
the State
49485.
Court of Appeals of Georgia.
Jul 11, 1974.
208 S.E.2d 178
Glenn Zell, for appellant., Lewis R. Slaton, District Attorney, JoelM. Feldman, Morris H. Rosenberg, Robert A. Weathers, for appellee.
Webb, Pannell, Deen.
Cited by 7 opinions  |  Published
Webb, Judge.

1. Where all the evidence in a prosecution for aggravated assault, including the testimony of defendant, shows that the first shot, which hit no one, may have "gone off” when one of the shooting victims grabbed for the gun in defendant’s hand, but that thereafter defendant was afraid and intentionally fired multiple shots at one or more of the victims, the issue of self-defense, which the court charged, may have been raised, but the issue of misfortune or accident as provided by Criminal Code § 26-602 was not raised. "Where a person, acting in self-defense, intentionally shoots at another, the defense of accidental killing is not involved. Curry v. State, 148 Ga. 559 (97 SE 529); Burnett v. State, 160 Ga. 593, 599 (5) (128 SE 796); Griffin v. State, 183 Ga. 775, 782 (190 SE 2); Ford v. State, 202 Ga. 599 (44 SE2d 263).”[*369] Turner v. State, 209 Ga. 532 (3), 534 (74 SE2d 459). Accordingly there was no error in failing to charge, without request, the provisions of § 26-602.

Submitted July 8, 1974 Decided July 11, 1974. Glenn Zell, for appellant. Lewis R. Slaton, District Attorney, JoelM. Feldman, Morris H. Rosenberg, Robert A. Weathers, for appellee.

2. Enumeration of error No. 1 is not argued and is deemed abandoned. Rule 18 (c) (2), this court; Turner v. State, 124 Ga. App. 515 (1) (184 SE2d 488).

Judgment affirmed.

Pannell, P. J., and Deen, J., concur.