Price v. State
289 Ga. 459
| Ga. | 2011Background
- Price was convicted of burglary and criminal trespass for entering a dwelling; defense claimed mistake of fact could justify entry.
- Price testified he entered because he saw 'for sale by owner' and 'open house' signs and believed he was authorized to look for a house.
- Two other men with Price testified they saw similar signs at the residence.
- The Court of Appeals affirmed without charging mistake of fact as an affirmative defense, and held the trial court’s instructions fairly presented the issue.
- The Georgia Supreme Court reverses, holding mistake of fact is a mandatory affirmative-defense instruction when there is evidence supporting it, because it negates an element of burglary (unauthorized entry).
- The court finds the trial court’s jury instructions did not fairly present Price’s mistake-of-fact defense and that the error was not harmless.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in failing to charge mistake of fact | Price presented misapprehension of fact defense. | State argues no need if defense not properly framed. | Reversed; error in not charging. |
| Whether mistake of fact negates the authorization element of burglary | Mistake of fact could authorize entry and negate burglary. | Error instruction unnecessary given defenses presented. | Yes; defense applicable and required to be charged. |
| Whether the error was harmless | Improper instruction affected verdict. | Instruction could be deemed harmless as covered by other charges. | Not harmless; overall charge failed to fairly present defense. |
Key Cases Cited
- Tarvestad v. State, 261 Ga. 605 (1991) (affirmative defense must be charged if some evidence supports it)
- Booker v. State, 247 Ga. 74 (1981) (affirmative defenses need not be requested to be charged if fairly presented)
- Gray v. State, 158 Ga.App. 582 (1981) (mistake of fact defense requires instruction when defense negates element)
- Henderson v. State, 141 Ga.App. 430 (1977) (mistake of fact instruction required where defense shows house entry was authorized or open)
- Jones v. State, 263 Ga. 835 (1994) (mistake of fact limited to facts negating required mental state)