Dale Thibeault (defendant) was charged with burglary for taking several valuables from David and Debbie Gardner’s apartment. At trial, David testified that he and Thibeault had been friends for some time and that he had given Thibeault blanket permission to enter his apartment. On cross-examination, however, David testified that he had not given Thibeault permission to take anything from the apartment. At the close of evidence, Thibeault asked the trial judge to instruct the jury that he had a license or privilege to enter the Gardners’ apartment. The trial court agreed, but the instruction allowed the jury to find Thibeault guilty regardless of whether David had given him permission to enter the apartment. Thibeault was convicted of burglary and sentenced to six years in prison. Thibeault appealed.