Appellant/defendant John B. Benefield appeals his conviction for aggravated assault and possession of a knife during the commission of a crime and the denial of his motion for new trial. Defendant contends the trial court erred by failing to charge the jury as to defendant’s sole defense, self-defense. It is undisputed that defendant did not submit a written request to charge on the issue of self-defense. “This court has held that where there has been no written request to charge, failure to give the charge is not error. [Cits.]”
Arnold v. State,
Defendant contends, however, he made an oral request to charge on self-defense, which defendant contends is a sufficient request to charge to comply with Uniform Superior Court Rule 10.3. In
Bullock v. State,
Failure to give a charge on a defendant’s sole defense is error regardless of whether the defendant requested a charge on the defense.
Henderson v. State,
Judgment affirmed.
