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Old 12-27-2007, 07:01 AM
farmer_giles_of_ham farmer_giles_of_ham is offline
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Join Date: May 2007
Posts: 1,065
Quote:
§ 28.03. CRIMINAL MISCHIEF. (a) A person commits an
offense if, without the effective consent of the owner:

(1) he intentionally or knowingly damages or destroys
the tangible property of the owner;

What allegations are made in your case as to the above?

Quote:
§ 30.05. CRIMINAL TRESPASS. (a) A person commits an
offense if he enters or remains on or in property, including an
aircraft or other vehicle, of another without effective consent or
he enters or remains in a building of another without effective
consent and he:
(1) had notice that the entry was forbidden; or
(2) received notice to depart but failed to do so.
(b) For purposes of this section:
(1) "Entry" means the intrusion of the entire body.
(2) "Notice" means:
(A) oral or written communication by the owner or
someone with apparent authority to act for the owner;
(B) fencing or other enclosure obviously
designed to exclude intruders or to contain livestock;
(C) a sign or signs posted on the property or at
the entrance to the building, reasonably likely to come to the
attention of intruders, indicating that entry is forbidden;
(D) the placement of identifying purple paint
marks on trees or posts on the property, provided that the marks
are:
(i) vertical lines of not less than eight
inches in length and not less than one inch in width;
(ii) placed so that the bottom of the mark
is not less than three feet from the ground or more than five feet
from the ground; and
(iii) placed at locations that are readily
visible to any person approaching the property and no more than:
(a) 100 feet apart on forest land; or
(b) 1,000 feet apart on land other
than forest land; or
(E) the visible presence on the property of a
crop grown for human consumption that is under cultivation, in the
process of being harvested, or marketable if harvested at the time
of entry.

same deal- what allegations are being made? Not "what you know happened", what is the claim made by the prosecution? They have to allege all the elements of the offenses charged to sustain jurisdiction. Do they say you had "notice"?
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