GA 3.02.13 Retreat (No Duty to Retreat to Be Justified)

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

GA  3.02.13 Retreat (No Duty to Retreat to Be Justified)

 

(Note: Give this charge, even absent a request, when argument or the evidence raises the issue of retreat. Johnson v. Stqi~, 253 Ga. 37(1984).)

 

One who is not the aggressor is not required to retreat before being justified in using such force as is necessary for personal defense or in using force that is likely to cause death or great bodily harm if one reasonably believes such force is necessary to prevent death or great bodily injury to himselfYherself or a third person or to prevent the commission of a forcible felony.

 

O.C.G.A. §16-3-21 Gloverv. State, 105 Ga. 597 (1898)

Johnson v. State, 253 Ga. 37 (1984)

Bracewell v. State, 243 Ga. App. 792 (2000)