DECIDED MAY 2, 1979. Certiorari to the Court of Appeals of Georgia — 148 Ga. App. 469 ( 251 S.E.2d 376) (1978). Harry N. Gordon, District Attorney, B. Thomas Cook, Chief Assistant District Attorney, for appellant.
The defendant now insists that the trial court erred in failing to sufficiently charge the jury as to his defenses, such as justification (Code Ann. § 26-901 (Ga. L. 1968, pp. 1249, 1272)); mistake of fact (Code Ann. § 26-705 (Ga. L. 1968, pp. 1249, 1270; 1969, pp. 857, 859)); use of force in defense of property (Code Ann. § 26-904 (Ga. L. 1968, pp. 1249, 1273)); justification with reference to a lawful arrest (Code Ann. § 26-901, supra), and that it was the duty of the trial court to charge upon every material issue of fact in the case. Inasmuch as the trial court failed to sufficiently instruct upon the above, defendant insists that a new trial is required, citing Franklin v. State, 136 Ga. App. 47, 48 (2) ( 220 S.E.2d 60) and Moore v. State, 148 Ga. App. 469, 471 (2) ( 251 S.E.2d 376). We note that Division 2 of Moore v. State, 148 Ga. App. 469, 471 (2), supra, was reversed in State v. Moore, 243 Ga. 594 ( 255 S.E.2d 709).
DEEN, Chief Judge. The judgment of this court in the above styled case ( 148 Ga. App. 469) having been reversed by the Supreme Court 243 Ga. 594 (1979), our judgment reversing the judgment of the trial court is vacated and the judgment of conviction is affirmed. Judgment affirmed. Smith and Banke, JJ., concur.