Watts v. State

6 Citing cases

  1. Leslie v. State

    341 Ga. App. 731 (Ga. Ct. App. 2017)   Cited 3 times
    Noting "the jury's rejection of the [a]ppellant's defense that his actions were justified as reasonable parental discipline," where the appellant, as a means of disciplining his 7-year-old son, had repeatedly forced the child into a wooden box that had no holes for light or air to enter, then latched the box closed for 30 minutes, while the child yelled out that he was hot and could not breathe

    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.”)

  2. Miller v. State

    335 Ga. App. 58 (Ga. Ct. App. 2015)   Cited 1 times

    (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)

  3. Miller v. State

    335 Ga. App. 58 (Ga. Ct. App. 2015)   Cited 1 times

    (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.”)

  4. Stratacos v. State

    312 Ga. App. 783 (Ga. Ct. App. 2011)   Cited 3 times

    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.

  5. Jones v. the State

    695 S.E.2d 359 (Ga. Ct. App. 2010)

    (Emphasis supplied.) Watts v. State, 259 Ga. App. 531, 532 (3) ( 578 SE2d 231) (2003). OCGA § 16-3-21 (a).

  6. Tucker v. State

    640 S.E.2d 310 (Ga. Ct. App. 2006)   Cited 2 times

    " (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."