Durden v. State
The trial court incorrectly denied a defensive instruction on
mistake-of-fact in the defendant's trial for theft of copper wire when
the defendant testified that he believed the wire was abandoned and
that he only moved it a short distance from where he discovered it. The defendant's testimony could have served as some evidence to the
jury that he believed the wire to have been abandoned. While the
mistake-of-fact instruction might have been repetitive to the required
proof of intentionally or knowingly committing theft, the trial court
was still statutorily required to include that properly requested
instruction. The court concluded, however, that the error was harmless.
