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SMITHLEY v. STATE

No. 35A02-9109-JV-386.

582 N.E.2d 903 (1991)

In the matter of Ronald D. SMITHLEY, Child Alleged to Be a Delinquent Child, Appellant-Respondent, v. STATE of Indiana, Appellee-Petitioner.

Court of Appeals of Indiana, First District.

December 18, 1991.

Attorney(s) appearing for the Case

John W. Bailey, Matheny, Michael, Hahn & Bailey, Huntington, for appellant-respondent.

Linley E. Pearson, Atty. Gen., Geoff Davis, Deputy Atty. Gen., Indianapolis, for appellee-petitioner.

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

Ronald D. Smithley appeals his conviction for Criminal Trespass,2 a Class A misdemeanor. We reverse.

ISSUE

Did the State prove all essential elements of criminal trespass beyond a reasonable doubt?

FACTS

Stanley Mooberry owned a two-story house at 819 Esther Street in Huntington. The house was used as a...

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