Jackson v. State (1999)

In Jackson v. State, 237 Ga. App. 746 (516 S.E.2d 792) (1999), the trial court's failure to charge the jury on the lack of a duty to retreat was reversible error because the issue of retreat had been raised by the State. In that case, Jackson was confronted inside an apartment by another man who was angry with Jackson over some clothes. The evidence at trial showed that Jackson did not want to fight and that even after Jackson showed the man a gun, the man persisted and would not back off. After the man who lived in the apartment ordered the two outside, Jackson shot the angry man, who was unarmed. Jackson claimed self-defense. To counter the claim of self-defense, the prosecutor asked Jackson, "Did it ever occur to you that all you had to do was run away from an unarmed man?" In closing argument, the prosecution argued that Jackson could have avoided shooting the man simply by running away.