Wilma Sue McBrayer shot and killed her former husband, Buman McBrayer, with a shotgun. She was indicted for murder, and was tried and found guilty of felony murder. She was sentenced to life imprisonment. 1In the evening hours, McBrayer returned to her trailer to find her former husband driving a vehicle out of her driveway. There was a minor collision between their vehicles, which was followed by an angry confrontation. McBrayer later reported that her former husband threw a rock at her vehicle. At trial, McBrayer testified that after the victim left, she entered her trailer and found that her youngest son was absent. Taking a shotgun from her trailer, she drove to the trailer occupied by her former husband. She testified: And when I pulled into Buman's, Buman was at his car door with a gun. And I stopped and he started coming toward me. And he came over pointing the gun straight at me, and I raised that one I had, and I said, "Now look, Buman, I just want my baby." And he commented; he said, "He's up at [my sister's house] you ---- ----. I'm going to blow your brains out." And I turned the gun toward [the victim's female companion] and I said, "Buman, that's the ---- ---- that ought to be dead, she's the one that caused all this." . . . And I turned toward [her] and turned back toward Buman, and he looked at her, and he looked back at me and he lowered his gun. . . . I was pulling mine back in. Then I -- when it went off I'd looked around and I jumped out of the car. McBrayer denied pulling the trigger, and acknowledged she was not afraid of the victim after he lowered his weapon. 1. From the evidence in this case, we hold that a rational trier of fact could have found McBrayer guilty of felony murder beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3. We will review the contentions of ineffective assistance of counsel, as raised in McBrayer's motion for new trial, under the principles in Strickland v. Washington, 466 U. S. 668 (104 SC 2052, 80 LE2d 674) (1984). 2(a) McBrayer alleges ineffective assistance in failing to request a continuance in light of reports of jury tampering. On voir dire, the jurors were asked if anyone had made contact with them concerning the case, and all replied in the negative. In view of these responses, a motion for continuance on the ground of possible jury tampering would have been groundless. (b) McBrayer claims ineffective assistance for failing to seek a change of venue on the ground that Dawson County was an inherently prejudicial setting for her trial. There is no evidence in the record to support such a contention. (c) McBrayer contends ineffective assistance in failing to submit requests that the trial court charge on the "battered wife syndrome." The "battered wife syndrome" concerns the defense of justification. It is inappropriate to and inconsistent with the defense of accident. (d) McBrayer contends her trial counsel should have requested a charge relating to the physical disparity between McBrayer and the victim. Where self-defense is alleged as justification for the acts of the accused, the physical disparities of the parties are relevant and the jury may properly consider them in determining whether there was a reasonable apprehension of danger, and whether the accused used excessive force to protect himself or to repel an attacker. [Cit.] Physical disparity of the defendant and victim would not generally be relevant where a defendant relies upon a defense of accident, as in the instant case. [Cit.] There was no evidence in the case at bar that [the defendant] fired the weapon out of fear, justification, or in self-defense. [Cit.] Inasmuch as self-defense was not placed in issue and it is not error to refuse to charge on a theory not in issue, this enumeration is without merit. [Cit.] [Tew v. State, 179 Ga. App. 369, 376 ( 346 SE2d 833) (1986).] (e) McBrayer contends that her trial counsel should have presented justification as her sole defense to the charge of felony murder. The underlying felony here was aggravated assault, and McBrayer contends that there were several witnesses who could have given testimony concerning prior specific acts of violence by the victim against her, both during their marriage and after their divorce which would have buttressed her defense. Her lawyer did not call these witnesses, and McBrayer contends this amounted to ineffective assistance of counsel. To establish that there has been actual ineffective assistance of counsel, the defendant must show that counsel's performance was deficient and that the deficiency prejudiced the defense. In order to prove the defense has been prejudiced, defendant must show there is a reasonable probability that the result of the proceedings would have been different but for counsel's unprofessional deficiencies. [ Baggett v. State, 257 Ga. 735 (363 SE2d 257) (1988).] McBrayer's own testimony establishes a want of justification in the shooting of the victim. We affirm the trial court's holding that McBrayer has failed to show ineffective assistance of counsel. C. Andrew Fuller, District Attorney, Daniel A. Summer, Assistant District Attorney, Michael J. Bowers, Attorney General, Richard C. Litwin, for appellee. | 
