Smith v. State

BLUE, Judge.

George Grady Smith appeals his conviction and sentence for burglary with a battery. He raises four issues for our consideration, one of which requires that we reverse and remand for a new trial. We reverse because the trial court erred when it granted the State’s request for a jury instruction on justifiable use of nondeadly force over the objection of Smith.

The victim was in her apartment taking a bath when she discovered a strange man with a shirt over his head going through her purse. Grabbing a towel, she exited the tub and encountered the intruder. She struck him and ran…