ADCOCK v. STATE, 260 Ga. 302 (1990)


392 S.E.2d 886

ADCOCK v. THE STATE.

S90G0781.Supreme Court of Georgia.
DECIDED JULY 5, 1990.

PER CURIAM.

We granted certiorari to the Court of Appeals to consider the following holding: “When a mistake of fact is not the sole defense, as it was not here, it is not error to refuse to charge.” Adcock v. State, 194 Ga. App. 627 (391 S.E.2d 438) (1990).

We affirm the Court of Appeals’ affirmance of the conviction, but we disapprove the holding that the charge concerning mistake of fact was not required. We therefore disapprove Abelman v. State, 185 Ga. App. 278, 279 (2) (363 S.E.2d 764) (1987), an Carswell v. State, 171 Ga. App. 455, 460 (5) (320 S.E.2d 249) (1984).

Judgment affirmed. All the Justices concur.

DECIDED JULY 5, 1990.
Certiorari to the Court of Appeals of Georgia — 194 Ga. App. 627.

Cook Palmour, Bobby Lee Cook, Vaughan Tilley, David N. Vaughan, Jr., Velma C. Tilley, for appellant.

Darrell E. Wilson, District Attorney, Mickey R. Thacker, Assistant District Attorney, for appellee.