context: [P 20] Our decision is consistent with decisions in other cases holding a defendant is not entitled to a defense of premises instruction when the case involves a cohabitant as the alleged trespasser.
citation_a.signal: see also
citation_a.identifier: 934 S.W.2d 788, 794
citation_a.parenthetical: roommate did not commit the offense of criminal trespass by entering another roommate's unlocked bedroom in a house shared by multiple individuals
citation_a.sentence: See State v. Hare, 575 N.W.2d 828, 832 (Minn.1998) (statute contemplates an unauthorized intrusion into the defendant’s dwelling and the defense does not apply when the defendant and victim reside in the same dwelling); State v. Warren, 147 N.H. 567, 794 A.2d 790, 793 (2002) (defense of premises statute does not apply where the assailant is a cohabitant); State v. Rambo, 401 N.J.Super. 506, 951 A.2d 1075, 1087 (2008) (defendant’s wife was not a trespasser, she was a co-owner of the property, and the trial court did not err in declining to give a jury instruction on the use of force in defense of premises); see also Crunk v. State, 934 S.W.2d 788, 794 (Tex.Crim.App.1996) (roommate did not commit the offense of criminal trespass by entering another roommate’s unlocked bedroom in a house shared by multiple individuals).
citation_b.signal: see
citation_b.identifier: 951 A.2d 1075, 1087
citation_b.parenthetical: defendant's wife was not a trespasser, she was a co-owner of the property, and the trial court did not err in declining to give a jury instruction on the use of force in defense of premises
citation_b.sentence: See State v. Hare, 575 N.W.2d 828, 832 (Minn.1998) (statute contemplates an unauthorized intrusion into the defendant’s dwelling and the defense does not apply when the defendant and victim reside in the same dwelling); State v. Warren, 147 N.H. 567, 794 A.2d 790, 793 (2002) (defense of premises statute does not apply where the assailant is a cohabitant); State v. Rambo, 401 N.J.Super. 506, 951 A.2d 1075, 1087 (2008) (defendant’s wife was not a trespasser, she was a co-owner of the property, and the trial court did not err in declining to give a jury instruction on the use of force in defense of premises); see also Crunk v. State, 934 S.W.2d 788, 794 (Tex.Crim.App.1996) (roommate did not commit the offense of criminal trespass by entering another roommate’s unlocked bedroom in a house shared by multiple individuals).