GA 3.07.10 Revenge for Prior Wrong

GA 3.07.10 Revenge for Prior Wrong

State: Georgia

 

GEORGIA CRIMINAL JURY INSTRUCTIONS (G.C.J.I. 2003)

GA  3.07.10 Revenge for Prior Wrong

A person has a right to defend himself/herself, but a person is not justified in deliberately assaulting another person (not to prevent any impending wrong, but) solely in revenge for a past or previous wrong, regardless of how serious the past or previous wrong might have been, when the episode involving the previous wrong has ended. Such person is not justified in revenge by deliberately seeking out and assaulting the alleged wrongdoer.

If you find from the evidence in this case that the defendant used force against the alleged victim named in this indictment in order to prevent an impending wrong that the defendant reasonably believed was about to be committed by such other person and that the defendant reasonably believed that such force was necessary in order to prevent such impending wrong (death or great bodily injury to the defendant, or to prevent the commission of a forcible felony), then that use of force would be justified, and it would be your duty to acquit the defendant.

On the other hand, if you believe beyond a reasonable doubt from the evidence in this case that the defendant used force against the alleged victim named in the indictment (in the way and manner alleged in the indictment) for the sole purpose of avenging a past or previous wrong, regardless of how serious such previous wrong may have been, and not for the purpose of preventing an impending wrong (death or great bodily injury to the defendant, or to prevent the commission of a forcible felony), then you would be authorized to convict the defendant.

 

Channell v. State, 109 Ga. 150 (1899)

Brown v. State, 228 Ga. 215 (1971)

Scroggs v. State, 94 Ga. App. 28 (1956)

Ellisonv. State, 137 Ga. 193 (1911)

Brown v. State, 270 Ga. 601 (1999)

By | 2013-01-14T17:59:26+00:00 January 14th, 2013|Comments Off on GA 3.07.10 Revenge for Prior Wrong