Reversible error in failing to charge jury on lack of duty to retreat.

- Trial court committed reversible error in failing to charge the jury on the lack of a duty to retreat under O.C.G.A. § 16-3-23.1 because self-defense, O.C.G.A. § 16-3-21(a), was the defendant's sole defense, and the issue of retreat was squarely placed in issue by the prosecutor's cross-examination of the defendant, by the defendant's explanation of why the defendant did not drive away from the victim, whom the defendant characterized as the aggressor, and by the prosecutor's closing argument; the evidence of the defendant's guilt was not overwhelming, given that the case turned solely on the credibility of the defendant, the victim, and the other witnesses. Hill v. State, 310 Ga. App. 695, 713 S.E.2d 891 (2011).

Plain error not shown for failing to charge on no duty to retreat.

- Under a plain error analysis in the defendant's trial for murder, the trial court did not err when the court failed to charge the jury that one acting in defense of self has no duty to retreat because the jury charges given in the case fairly informed the jury as to the law of self-defense and the defendant failed to affirmatively show that the failure to charge on the duty to retreat probably affected the outcome of the trial. Shaw v. State, 292 Ga. 871, 742 S.E.2d 707 (2013).

Cited in Webb v. State, 284 Ga. 122, 663 S.E.2d 690 (2008).

ALR.

- Construction and application of "make my day" and "stand your ground" statutes, 76 A.L.R.6th 1.