Because mistake of fact is an affirmative defense, even if it was not Price's sole defense, Murphy v. State, 280 Ga. 158, 159 (2) ( 625 SE2d 764) (2006) ("Mistake of fact is an affirmative defense"). [i]f [the] defense [was] raised by the evidence, including the defendants' own statements, the trial court [would have been required to] present the affirmative defense to the jury as part of the case in its charge, even absent a request.
After retrial, Chapman and the co-defendant were again found guilty of felony murder and sentenced to life imprisonment. Murphy's conviction and sentence were affirmed in Murphy v. State, 280 Ga. 158 ( 625 SE2d 764) (2006). In this case, Chapman appeals from the judgment of conviction and life sentence entered on the jury's verdict finding him guilty of felony murder of his mother.
See Givens, supra. See Murphy v. State, 280 Ga. 158, 159 (2) ( 625 SE2d 764) (2006) (mistake of fact is an affirmative defense).Givens, supra; compare Schuman v. State, 264 Ga. 526 ( 448 SE2d 694) (1994) (while there is no authority for dismissal of indictment on basis of facts not appearing on face of indictment, State was precluded from challenging proceeding to which it consented).