Originally Posted by jwp475

An example of a case where the mistake of fact was not found to be an adequate defense can be found in Allen v. State, 290 Ga. 743, (2012). There the defendant believed that the victim was not in the trajectory of the bullet fired at a third party. The Court ruled that his belief did not constitute the type of mistake of fact that would serve as a defense to malice murder or other crimes."



Of course. It has to be relevant and exculpatory.