State v. Jackson

(dissenting) — The majority remands for a new trial after concluding that the trial court committed reversible error by giving the following jury instruction in a prosecution for attempted burglary:

A person who attempts to enter or remain unlawlully in a building may be inferred to have acted with intent to commit a crime against a person or property therein unless such entering or remaining shall be explained by evidence satisfactory to the jury to have been made without such criminal intent. This inference is not binding upon you and it is for you to determine what weight, if any, such…