Bryant v. State

Anthony Bryant, the defendant, was tried by a jury and convicted of the crime of armed burglary. He appeals his conviction alleging as error the trial court’s refusal to instruct the jury that consent is a defense to the charge of burglary. Because there was some evidence to support the defendant’s claim at trial that he had permission to enter the victim’s residence, the defendant was entitled to the instruction. We are unable to conclude that the error in failing to give the instruction was harmless. Therefore, we reverse for a new trial.

The defendant lived with his mother but he often…