Arnold v. State

Quillian, Chief Judge.

Defendant appeals his conviction for burglary. Held:

1. The trial court erred in failing to charge on mistake of fact, Code Ann. § 26-705 (Ga. L. 1968, pp. 1249,1270; 1969, pp. 857,859). In response to state’s evidence tending to show that defendant entered a store and a business office in the rear thereof with intent to commit a robbery or theft therein, defendant testified that he entered the rear of the store and opened the door to the business office because he wanted to relieve himself and thought the door led to a restroom. This evidence was defendant’s sole defense…