Mcclurev.The State
Carlos McClure was convicted of aggravated assault after an encounter in which he carried a lever-action BB rifle. McClure testified that he carried the rifle but denied pointing it at the two alleged victims. He asked for jury instructions on justification in defense of self and defense of habitation. The Court of Appeals held that McClure had to admit committing the charged act before he could invoke an affirmative defense and affirmed. The Georgia Supreme Court vacated that judgment. It held that a defendant need not admit any fact to raise an affirmative defense and may argue in the alternative that the State failed to prove an element while also contending that the conduct was justified if the jury finds it occurred. Any acceptance of the charged act is limited to the affirmative-defense theory and is not a binding factual admission for other purposes. The Court remanded for application of that rule to McClure’s requested instructions and clarified Georgia’s law governing alternative defenses.
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