Daniel v. State

301 Ga. 783

FINAL COPY S17G0107. DANIEL v. THE STATE. GRANT, Justice. A jury found Appellant Desmond Daniel guilty of burglary after he was caught attempting to gain entry to a house by removing a back door’s hinges. The Court of Appeals affirmed the trial court’s order denying Daniel’s motion for new trial. Daniel v. State,

338 Ga. App. 389

( 787 SE2d 281) (2016). We granted certiorari to address whether, in a prosecution for burglary, a defendant must present affirmative evidence to counter a permissible inference of specific intent in order to receive a jury instruction on a lesser included…