State v. Tolley

ARNOLD, Judge.

Defendant assigns error to the failure of the court to grant his motion for judgment of dismissal. He contends that as a matter of law he is not guilty of breaking and entering because he had permission from an occupant of the home, the Rigsby’s son, Michael, to enter the home. We disagree.

A person entering a residence with the good faith belief that he has the consent of the owner or occupant or his authorized agent is not chargeable with the offense of breaking and entering. See 93 A.L.R. 2d 534, § 3, Rule that Consent Constitutes a Defense. However, the circumstances of the…