Burke v. Mesniaeff

Summary

The court held that the trial court improperly instructed the jury on criminal trespass and defense of premises because the plaintiff retained a possessory or occupancy interest in the property and a single request to leave during a marital dispute was insufficient to revoke that interest. The error was harmless because the jury separately and properly found that the defendant acted in defense of others, and sufficient evidence supported that finding. The court therefore affirmed the judgment for the defendant.