Price v. State

Melton, Justice.

In Price v. State, 303 Ga. App. 589 (693 SE2d 826) (2010), the Court of Appeals upheld Robert Price’s convictions for burglary and criminal trespass, and further held that the trial court did not err in failing to charge the jury on Price’s sole defense with respect to the crime of burglary — mistake of fact. We granted review to determine 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. For the reasons that follow, we reverse.

1. Viewed in the light most favorable to the jury’s verdict,…