Thompson v. State

Hunstein, Justice.

Christopher L. Thompson was found guilty of felony murder, burglary, possession of a firearm during the commission of a crime, and possession of a firearm by a convicted felon. He appeals from the *106denial of his motion for a new trial.1 For the reasons which follow, we reverse.

1. Under OCGA § 16-7-1 (a), a person commits burglary “[w]hen, without authority and with the intent to commit a felony or theft therein, he enters or remains within.” Thompson concedes that the trial court’s initial charge correctly instructed the jury on burglary.2 However, in answering a question…