Price v. State
Annotate this CaseDefendant was convicted of burglary and criminal trespass when defendant asserted that he entered a home through an unlocked door because he thought he saw a "for sale by owner" and "open house" signs posted in front of the home and was assisting his mother in looking for a house. At issue was whether the court of appeals properly found no error in the trial court's failure to charge the jury as to the defense of mistake of fact. The court held that, if in connection with defendant's defense to burglary, defendant presented evidence that the act that he committed that would have otherwise constituted burglary was induced by a misapprehension of fact that would have made him innocent of the charges, the trial court was required to charge the jury on "mistake of fact" unless the charge given otherwise fairly presented all of the issues to the jury. The court also held that the trial court's error in failing to charge the jury was not harmless and therefore, the judgment was reversed.
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