Stillwell v. State, 329 Ga. App. 108

Stillwell appeals his burglary conviction after denial of new trial.
Evidence showed two men, including Stillwell’s brother, entering a for-sale house with a magneted truck, taking tools, and later police found disassembled heating and copper equipment.
Homeowner did not authorize a service call and did not know Stillwell.
Stillwell claimed he was there to look at the house with lawful intent and that the house was for sale.
Trial court did not sua sponte charge mistake of fact or trespass; jury was properly instructed on elements, burden, and defenses.
Court held any error in failing to instruct mistake of fact harmless and that trespass instruction was not required where evidence supports burglary or no offense

Issue	Plaintiff's Argument	Defendant's Argument	Held
Mistake of fact instruction is required?	Stillwell; evidence supports mistake of fact	State; no mistake of fact	Harmless error; not required
Trespass as a lesser included offense?	Stillwell; trespass instruction warranted	State; not warranted	No error; no trespass instruction needed

Skaggs-Ferrell v. State, 266 Ga. App. 248 (Ga. App. 2004) (evidentiary sufficiency standard and weighing credibility reserved to factfinder)
Price v. State, 289 Ga. 459 (Ga. 2011) (defense must be charged if some evidence supports it; mistake of law vs. fact distinction)
Hall v. State, 258 Ga. App. 156 (Ga. App. 2002) (harmless error where proper elements and defenses charged)
Turner v. State, 210 Ga. App. 303 (Ga. App. 1993) (limits on error when mistake of fact is not applicable)
Taylor v. State, 233 Ga. App. 221 (Ga. App. 1998) (mistake of law not mistake of fact; ignorance of law not excuse)
Jones v. State, 263 Ga. 835 (Ga. 1994) (mistake of fact vs law; definition of mens rea)
Hiley v. State, 245 Ga. App. 900 (Ga. App. 2000) (trespass charge when burglary element negated by defense)
Anthony v. State, 317 Ga. App. 807 (Ga. App. 2012) (lesser included offense not warranted where defendant asserts lawful entry)