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STATE v. SHACK

58 N.J. 297 (1971)

277 A.2d 369

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. PETER K. SHACK AND FRANK TEJERAS, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Argued March 9, 1971.

Decided May 11, 1971.

Attorney(s) appearing for the Case

Mr. Max B. Rothman argued the cause for appellants (Mr. David H. Dugan, III, Camden Regional Legal Services, Inc., attorney; Mr. Peter K. Shack and Mr. Christian B. Peper, Jr., of the Missouri bar, on the brief).

Mr. Samuel J. Serata, Assistant Prosecutor, argued the cause for respondent (Mr. Joseph Tuso, Cumberland County Prosecutor, attorney).

Mr. Barry H. Evenchick, Deputy Attorney General, argued the cause for the Attorney General of New Jersey, amicus curiae (Mr. George F. Kugler, Jr., Attorney General of New Jersey).

Mr. Carl R. Lobel argued the cause for New Jersey State Office of Legal Services, amicus curiae (Mr. Carl F. Bianchi, attorney).

Mr. Frederick B. Lacey, United States Attorney, submitted a brief on behalf of the United States, amicus curiae (Mr. Jerris Leonard, Assistant Attorney General, Mr. David L. Norman, Deputy Assistant Attorney General, and Mr. Joseph B. Scott, attorney, U.S. Department of Justice, of the D.C. bar, on the brief).

The opinion of the Court was delivered by WEINTRAUB, C.J.

Defendants entered upon private property to aid migrant farmworkers employed and housed there. Having refused to depart upon the demand of the owner, defendants were charged with violating N.J.S.A. 2A:170-31 which provides that "[a]ny person who trespasses on any lands * * * after being forbidden so to trespass by the owner * * * is a disorderly person and shall be punished by a fine of not more than...

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