Harris v. State

Smith, Judge.

Where a criminal defendant bases his defense solely on misfortune or accident, is the trial court required to charge on this defense even absent a request to do so? Answering affirmatively, we must reverse the appellant’s burglary conviction and grant him a new trial.

Code § 26-602 provides: "A person shall not be found guilty of any crime committed by misfortune or accident where it satisfactorily appears there was no criminal scheme or undertaking, or intention, or criminal negligence.” Without detailing the evidence in this case, we note that the parties essentially agree that…