See Chapel v. State, 270 Ga. 151 , 156 (7) (510 SE2d 802 ) (1998) (“The trial court was not required to give an instruction on alibi absent a defense request because alibi was not [the defendant’s] sole defense.”) (footnote omitted); cf. Watts v. State, 259 Ga.App. 531 , 533 (3) (578 SE2d 231 ) (2003) (“If an affirmative defense is raised by the evidence, including the defendants’ own statements, the trial court must present the affirmative defense to the jury as part of the case in its charge, even absent a request.”)
(Citation and punctuation omitted.) Watts v. State, 259 Ga. App. 531, 533 (3) (578 SE2d 231) (2003). See also Price v. State, 289 Ga. 459 (2) (712 SE2d 828) (2011)
(Citation and punctuation omitted.) Watts v. State, 259 Ga. App. 531 , 533 (3) (578 SE2d 231 ) (2003). See also Price v. State, 289 Ga. 459 (2) (712 SE2d 828 ) (2011) (“The trial court must charge the jury on the defendant’s sole defense, even without a written request, if there is some evidence to support the charge.”)
If an affirmative defense is raised by the evidence, including the defendants' own statements, the trial court must present the affirmative defense to the jury as part of the case in its charge, even absent a request.(Citations and punctuation omitted.) Watts v. State, 259 Ga.App. 531, 533(3), 578 S.E.2d 231 (2003). Pursuant to OCGA § 16–8–10, “[i]t is an affirmative defense to a prosecution for violation of Code Sections 16–8–2 through 16–8–7 that the person ... (2) Acted under an honest claim of ... a right to acquire ... [the property] as he did....” OCGA § 16–8–10 (2). However, merely denying any intent to deprive the owner of the property does not set forth a “claim of right” to the property as an affirmative defense to a theft prosecution.
(Emphasis supplied.) Watts v. State, 259 Ga. App. 531, 532 (3) ( 578 SE2d 231) (2003). OCGA § 16-3-21 (a).
" (Citation and punctuation omitted.) Watts v. State, 259 Ga. App. 531, 533 (3) ( 578 SE2d 231) (2003)."(A)n affirmative defense is one that admits the doing of the act charged but seeks to justify, excuse, or mitigate it."