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McLean v. State

Citations

  • 297 Ga. 81
  • 772 S.E.2d 685

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • defendant must admit to the act of shooting victim in order to receive jury charge on the act allegedly having been done in self-defense
  • no violation of OCGA § 17-8-57 when trial court told jury that defendant admitted shooting for purposes of defense theories of justification and accident
  • no violation of OCGA § 17-8-57 when trial court told jury that defendant admitted shooting 7 for purposes of defense theories of justification and accident
  • defendant must admit to the act of shooting victim in order to receive jury charge on the act allegedly having been done in self-defense
  • “[T]o assert an affirmative defense, a defendant must admit the act, or he is not entitled to a charge on that defense.” (citation and punctuation omitted)
  • “The existence of an alternative defense does not change the fact that the defendant admits the charged act for purposes of raising and presenting his affirmative defense, even if he denies it for other purposes.” (emphasis supplied)

Source: CourtListener parenthetical corpus (CC0).

Judges: Blackwell

Read full opinion on CourtListener

Cited by

17 cases in this archive cite this case.

Cites

15 cases in this archive are cited by this case.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.