1982) (quoting State v. Marley, 54 Haw. at 886 n. 2. 256 N.W.2d at 303-04. at 150-53, 171 S.W.2d at 706-07. Get more case briefs explained with Quimbee. With full knowledge of the clear political/protest nature of the acts of the Brechon trespassers, the Minnesota Supreme Court went out of its way in a carefully crafted opinion to protect the rights of those trespassers/protesters to tell a criminal jury what they were doing, why they were doing it, and why they felt they had a right to do it. Id. Minn.R.Crim.P. Among those jurisdictions that define claim of right as defendant's reasonable belief in a right to enter the property, it is usually assumed that claim of right is a defense. Although many items of proposed testimony were excluded, the trial court carefully allowed each motivation to be fully described, even though none of this evidence constituted a defense to the trespass accusation. Appellants were arrested at Honeywell corporate headquarters in Minneapolis and charged with trespassing. State v. Brechon Annotate this Case 352 N.W.2d 745 (1984) STATE of Minnesota, Respondent, v. John BRECHON and Scott Carpenter, et al., petitioners, Appellants. require organic producers to create a buffer zone to prevent this from happening. 1. Elliot C. Rothenberg, Minneapolis, for North Star Legal Foundation. Although defendant had not raised the issue, the court found no evidence that defendant had a claim of right. The Brechon court considered the issue in depth and concluded: Brechon, 352 N.W.2d at 750 (emphasis added) (footnote omitted). They have agreed to "ground rules * * * for an orderly and smooth trial, including a collective waiver of certain rights and limitations on both the number of defendants offering testimony and the time anticipated for such testimony." Williams v. United States, 138 F.2d 81, 81-82 (D.C.Cir.1943). Get State v. Morrow, 731 N.W.2d 558 (2007), Nebraska Supreme Court, case facts, key issues, and holdings and reasonings online today. MINN. STAT. Prior to trial the state moved to prevent defendants from presenting evidence pertaining to necessity or justification defenses unless certain conditions were met. In Hoyt, this court expressly did not decide whether claim of right is an element of or a defense to the offense. The use of a motion in limine against a defendant in a criminal case, particularly one as broad in scope as in this case, is questionable considering the constitutional rights of defendants. concluding that there is no cognizable harm to be avoided in trying to stop legal abortions, stating that there was no evidence that any abortions were actually prevented by the trespass, stating that district court may impose "reasonable limits on the testimony of each defendant", reviewing denial of instruction on necessity defense. them claiming they have a "claim of right" which precluded the state from proving the trespass charges. Heard, considered and decided by the court en banc. 205.202(b), but that the court abused. Although defendant had not raised the issue, the court found no evidence that defendant had a claim of right. Id. 761 (1913); People v. Tuchinsky, 100 Misc.2d 521, 419 N.Y.S.2d *750 843 (N.Y.Dist.Ct.1979); State v. Cobb, 262 N.C. 262, 136 S.E.2d 674 (1964); State v. Batten, 20 Wash. App. ANN. at 70, 151 N.W.2d at 604. Supreme Court of Minnesota. 2d 39 (1979); Mullaney v. Wilbur, 421 U.S. 684, 95 S. Ct. 1881, 44 L. Ed. . Robert J. Alfton, Minneapolis City Atty., Michael T. Norton, Asst. This was not borne out by words or deeds during the trespass activity. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. As criminal defendants, appellants are entitled to certain constitutional rights. Minn.Stat. at 886 n. 2. See Gaetano v. United States, 406 A.2d 1291, 1294 (D.C.1979). Prior to trial the state moved to prevent defendants from presenting evidence pertaining to necessity or justification defenses unless certain conditions were met. 2. In State v. Hoyt, 304 N.W.2d 884 (Minn.1981), defendant Hoyt sought to visit a brain-damaged patient at a nursing home. The trial court did not rule on the necessity defense. The trial court may not require defendants to make a pretrial offer of proof on the claim of right issue. Were appellants erroneously denied the opportunity to establish their necessity defense? . It makes no difference that good motive is not a defense, that favorable instructions may not be given or that an explanation may be unavailing, these defendants must be given the opportunity to testify fully and freely on the issue of criminal intent and the motive underlying that intent. 561.09 (West 2017). Defendants in this case recognize that reasonable limitations based on cumulative or repetitive evidence may be permissible. Id. at 762-63 (emphasis added). *751 240, 255, 96 L. Ed. John BRECHON and Scott Carpenter, et al., petitioners, Appellants. Claim of right is a concept historically central to defining the crime of trespass. As a result of complaints about the patient's care made by Hoyt to nursing home personnel and outside agencies, she was forbidden by the nursing home administration to visit the patient. Citations are also linked in the body of the Featured Case. To limit that testimony before it is heard and its relevancy determined is not only constitutionally prohibited but is also contrary to *752 our own rules of evidence and case law. Finally, the defendant exposes himself to what the prosecution hopes will be a piercing cross examination that shatters the defendant's case, makes the defendant's stated excuse for the charged act appear foolish and unbelievable, and aids the prosecution in obtaining a conviction. A three-judge panel in a 2-1 vote reversed the trial court and held that "without claim of right" is an affirmative defense, that defendant's testimony as to beliefs is irrelevant, that a necessity defense may not be raised at trial, and that a pretrial offer of proof must be made as to the claim of right or justification defense. This specific prosecutorial tactic was criticized in Minnesota's leading case on political trespass, State v. Brechon, 352 N.W.2d 745 (Minn. 1984). This is a criminal case. Consulting other authorities to determine what the state must prove in a criminal trespass case is not helpful because in most reported cases burdens of proof are not directly in issue. The court held that Hoyt did not know that the patient's guardians had acquiesced in the nursing home's letter refusing Hoyt permission to visit the patient. Appellants offered to prove that abortions are being performed at Planned Parenthood in violation of these statutes. In State v. Hoyt, 304 N.W.2d 884 (Minn.1981), defendant Hoyt sought to visit a brain-damaged patient at a nursing home. Facts: Defendant was convicted of burglary. fields that some drifted onto their organic fields. A three-judge panel in a 2-1 vote reversed the trial court and held that "without claim of right" is an affirmative defense, that defendant's testimony as to beliefs is irrelevant, that a necessity defense may not be raised at trial, and that a pretrial offer of proof must be made as to the claim of right or justification defense. 1(b)(3) (Supp. The trespass statute at issue was a strict liability statute. Johnson v. Paynesville Farmers Union Co-op Oil Comp. Oftentime an ugly split. Private arrest powers likely cannot supersede public law enforcement activity absent extraordinary circumstances. In addition, while the protesters may have delayed abortions, conduct they believed much more dangerous than their own, there is no evidence abortions were actually prevented by the trespass. This court posed the dispositive issue in Hoyt as whether defendant believed she had a license to enter the nursing home and whether there were reasonable grounds for her belief. 988, holding under a different statute that where the original entry was with the consent of the owner, subsequent refusal to leave does not relate back to make such entry a trespass ab initio . There is evidence that protesters asked police to make citizen's arrests. at 649, 79 S.E. See United States v. Bowen, 421 F.2d 193, 197 (4th Cir.1970). Morissette v. United States, 342 U.S. 246, 274, 72 S.Ct. The trespass statute, Minn.Stat. The defense of necessity was not available to these appellants. [4] We express no opinion on the jury instructions to be given in this case since the issue is not properly before the court for review. Addressing the second issue raised, we hold that the jury, not the court, decides the sufficiency of the evidence presented to establish a claim of right. Courts must scrutinize with the greatest care any restrictions on a defendant's testimony offered in that defendant's own behalf as to his or her intent and the motivation underlying that intent lest we jeopardize the federal and state constitutional right to a fair trial. Moreover, a claim under section 609.06 also involves the question of reasonable behavior, a concept akin to many elements of the defense of necessity discussed earlier. After carefully exploring the record, we find the issue is not presented on the facts of this case. No. The test for determining what constitutes a basic element of rather than an exception to a statute has been stated as "whether the exception is so incorporated with the clause defining the offense that it becomes in fact a part of the description." The court may not require a pretrial offer of proof in order to decide as a matter of law that defendants have no claim of right. at 891-92. State v. Quinnell, 277 Minn. 63, 151 N.W.2d 598 (1967), involved the issue whether defendant's misdemeanor arrest was valid. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. 3. 682 (1948). This matter is before this court in a very difficult procedural posture. We reverse. Quinnell's arrest arose from his participation in a demonstration of livestock farmers at the St. Paul Union Stockyards Company. The trial court did not rule on the necessity defense. State v. Brechon Download PDF Check Treatment Summary holding that a claim of right in a criminal trespass case is not a defense but a basic element of the State's case that the State must prove beyond a reasonable doubt Summary of this case from State v. Timberlake See 18 Summaries Perform legal research in minutes, not hours. See Sigma Reproductive Health Center v. State, 297 Md. I agree that under Brechon, a trial court retains the right to sustain objections to otherwise admissible evidence if it becomes cumulative or repetitious. I find the trial court improperly limited appellants' offered testimony on the issue of claim of right. 2. When Hoyt thereafter entered the nursing home and refused to leave, she was arrested for trespass. While on routine patrol on May 30, 2004, St. Paul police officers Robert Jerue and Axel Henry monitored a dispatch call that came in at approximately 11:30 p.m. . This evidence normally would be in the realm of property law, such as that the title or right of possession is in a third party and that no title or permission has been given to defendant, or if given has been withdrawn. "Claim of right" in a criminal trespass case under Minn.Stat. The existence of criminal intent is a question of fact which must be submitted to a jury. State v. Brechon. Brechon, 352 N.W.2d at 750. A three-judge panel in a 2-1 vote reversed the trial court and held that "without claim of right" is an affirmative defense, that defendant's testimony as to beliefs is irrelevant, that a necessity defense may not be raised at trial, and that a pretrial offer of proof must be made as to the claim of right or justification defense. denied, 459 U.S. 1147, 103 S. Ct. 789, 74 L. Ed. Advanced A.I. Therefore, defendant need not prove his alibi beyond a reasonable doubt or even by a preponderance of the evidence. Quimbee has over 36,300 case briefs (and counting) keyed to 984 casebooks https://www.quimbee.com/case-briefs-. In order to place the burden of proving the "exception" on the defendant, a court must decide that the act in itself, without the exception, is "ordinarily dangerous to society or involves moral turpitude" and that requiring the state to prove the acts would place an impossible burden on the prosecution. In accordance with our belief, however, that "without claim of right" is integral to the definition of criminal trespass in Minnesota, and adhering to the rule that criminal statutes are to be strictly construed, we hold that "without claim of right" is an element the state must prove beyond a reasonable doubt. Therefore, defendant need not prove his alibi beyond a reasonable doubt or even by a preponderance of the evidence. Fixation Regression Compulsion Retroversion, Read the case study and then answer the questions that follow. Id. 499, 507, 92 L.Ed. STATE of Minnesota, Respondent, Cleveland v. Municipality of Anchorage, 631 P.2d 1073, 1078-80 (Alaska 1981) (necessity defense rejected because harm could be protested through noncriminal means, and defendant's actions were not designed to prevent the perceived harm). The court should also instruct the jury to disregard defendants' subjective motives in determining the issue of intent. See State v. Quick, 226 Kan. 308, 311-12, 597 P.2d 1108, 1112 (1979); Commonwealth v. Hood, 389 Mass. A three-judge panel in a 2-. 609.605 (West 2017). at 762-63 (emphasis added). The state appealed and the defendants sought review of the order limiting their testimony to general beliefs. 1. Courts do not determine whether anti-war protests are more "politically correct" than abortion protests. Johnson v. Paynesville Farmers Union Co-op Oil Comp., 817 N.W.2d 693 (2012). Course Hero is not sponsored or endorsed by any college or university. at 306-07, 126 N.W.2d at 398. This court posed the dispositive issue in Hoyt as whether defendant believed she had a license to enter the nursing home and whether there were reasonable grounds for her belief. City Atty., Virginia D. Palmer, Deputy City Atty., Criminal Div., St. Paul, for respondent. The state appealed and the defendants sought review of the order limiting their testimony to general beliefs. claim not based on 7 C.F.R. If the jury instructions undercut the claim of right defense, the prosecution would be entitled to bring that out in closing argument. See generally, 1 Wharton's Criminal Law 39 (C. Torcia 14th ed. State v. Quinnell, 277 Minn. 63, 151 N.W.2d 598 (1967), involved the issue whether defendant's misdemeanor arrest was valid. Id. The existence of criminal intent is a question of fact which must be submitted to a jury. Thus, I dissent and would remand for a new trial. 1. We can give your money back if something goes wrong with your order. As a general rule in the field of criminal law, defendants. The strength of our democratic society lies in our adherence to constitutional guarantees of the rights of the people, including the right to a fair trial and the right to give testimony in one's own behalf. ANN. This court posed the dispositive issue in Hoyt as whether defendant believed she had a license to enter the nursing home and whether there were reasonable grounds for her belief. Minneapolis City Atty., Minneapolis, for respondent. 2. See United States ex rel. See In re Oliver, 333 U.S. 257, 273, 68 S. Ct. 499, 507, 92 L. Ed. The rulings of the municipal court judge are reinstated and the matter remanded for further proceedings.4. STATE of Minnesota, Respondent, v. John BRECHON and Scott Carpenter, et al., petitioners, Appellants. for three years as the soil was contaminated. When citing it in your papers, make sure you reference it correspondingly, Don't use plagiarized sources. Courts have held that the presence of the accused at the scene of the crime is an essential element of an offense. 3. Prior to trial the state moved to prevent defendants from presenting evidence pertaining to necessity or justification defenses unless certain conditions were met. This site is protected by reCAPTCHA and the Google. This conclusion does not mean the municipal court erred in imposing limits on the testimony of each defendant. properly denied the amended complaint as it applied to 7 C.F.R. The parties frame the issue as whether the state has the burden to prove the defendants did not have a claim of right to be on Honeywell property or whether defendants have the initial burden of going forward to present a prima facie case of claim of right. This is so because claim of right evidence is evidence tending to disprove an essential element of the state's case: that the actor trespassed without claim of right.2. We find it necessary first to clarify the procedural effect of the "claim of right" language in the trespass statute under which these defendants were arrested. United States v. Cullen, 454 F.2d 386 (7th Cir.1971); Berkey v. Judd, 22 Minn. 287, 297 (1875). I find Brechon controlling. "The relevant inquiry is whether, after viewing the evidence in a light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt." State v. Crockett, 12th Dist. They need not, therefore, meet the Seward requirements to present claim of right evidence. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. She also wants you to locate the following two statutes and explain what a defendant is required to demonstrate concerning trespass. State v. Harris, 590 N.W.2d 90, 98 . Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. State v. Brechon. 4 (1988). The state should try criminal cases to the jury, not in chambers. at 828 (contrasting direct civil disobedience, where the law being broken is the object of the protest). The use of a motion in limine against a defendant in a criminal case, particularly one as broad in scope as in this case, is questionable considering the constitutional rights of defendants. 1991), pet. The trial court ruled that the state had the burden of disproving "claim of right" and that defendants could offer evidence about their reasons for committing the act, whether because of moral, political or religious beliefs, but could not testify more specifically such "as to the destruction [nuclear war] can present." As a review of these cases reveals, the court has never had occasion to rule on the burden of proof issues surrounding "claim *749 of right." Defendant had waived a jury trial and did not contest on appeal to this court the trial court's requirement that she make an offer of proof to present a prima facie case of claim of right. 3. Morissette v. There has been no trial, so there are no facts before us. One appellant testified the group was assembled to make private arrests. 629.37 (1990). 609.605, subd. Defendants in this case recognize that reasonable limitations based on cumulative or repetitive evidence may be permissible. See State v. Quick, 226 Kan. 308, 311-12, 597 P.2d 1108, 1112 (1979); Commonwealth v. Hood, 389 Mass. Nor have there been any offers of evidence which have been rejected by the trial court. 288 (1952). further state that if the contamination of an organic product is determined to be from environmental, contamination and the contamination levels dont exceed the prescribed levels the product can still be, The nuisance claim based on 7 C.F.R. We deem it fundamental that criminal defendants have a due process right to explain their conduct to a jury. 609.605(5) (1982), provides in pertinent part: We have discussed the "claim of right" language of the trespass statute in prior cases. Courts have held that the presence of the accused at the scene of the crime is an essential element of an offense. 561.09 (West 2017). BJ is in the. Defendants' right to be heard in their own defense is basic in our system of jurisprudence. at 748. We begin with a brief discussion of the facts giving rise to this offense. During trial, the court limited evidence on the two defenses. Id. If the defendant has a claim of right, he lacks the criminal intent which is the gravamen of the offense. We held in Paige that the phrase "without a permit" in a statute created an exception to the prohibition against possession of pistols in certain places. right" and that defendants could offer evidence about their reasons for committing the act, whether because of moral, political or religious beliefs, but could not testify more specifically, such "as to the destruction [nuclear war] can present." The state argues, relying primarily on State v. Paige, 256 N.W.2d 298 (Minn.1977), that "claim of right" is merely an exception to the statute that recognizes that certain conduct is not prohibited. Second, the court must determine whether the trial court or the jury should decide if defendants have a valid claim of right. This evidence should be of such a nature as to permit a reasonable inference that there could be no claim of right by defendant. We have discussed the "claim of right" language of the trespass statute in prior cases. In Hoyt, this court expressly did not decide whether claim of right is an element of or a defense to the offense. 682 (1948) (stating that "an opportunity to be heard in his defense" is "basic in our system of jurisprudence"). Listed below are the cases that are cited in this Featured Case. As a review of these cases reveals, the court has never had occasion to rule on the burden of proof issues surrounding "claim of right." Mark S. Wernick, Linda Gallant, Minneapolis, Kenneth E. Tilsen, St. Paul, for appellants. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 660, 688-89, 467 A.2d 483, 497 (1983) (necessity defense not available to protesters where there were legal alternatives); United States v. Cullen, 454 F.2d 386, 392 (7th Cir. All appellants were found guilty and were given sentences ranging between 15 days (suspended) and 60 days (45 days suspended). Before booking travel plans, you want to get a better idea of the types of artwork, Appellate Brief Scenario: Your client, Ms. Kimberly Hall, stands convicted under your state law for charges involving theft, trafficking in stolen property, fraud, and alteration of vehicle, The potential employer would like you to conduct an analysis of data and then summarize your findings using clear language for a nontechnical audience. See United States ex rel. Brechon, 352 N.W.2d 745 (1984). state also sought to preclude defendants from asserting a "claim of right" defense. fields tested, as there are strict guidelines to be an organic farm. In Hoyt, this court expressly did not decide whether claim of right is an element of or a defense to the offense. Id. [3] The district court appellate panel ruled that defendants must establish the four elements of a necessity defense outlined in United States v. Seward, 687 F.2d 1270 (10th Cir.1982), cert. The court should exclude irrelevant testimony and make other rulings on admissibility as the trial proceeds. As a review of these cases reveals, the court has never had occasion to rule on the burden of proof issues surrounding "claim. I join in the special concurrence of Justice Wahl. Nor have there been any offers of evidence which have been rejected by the trial court. Heard, considered and decided by the court en banc. They claim this statute gives them a claim of right to enter the property for the purposes of exercising their citizen's arrest rights. State v. Brechon 352 N.W.2d 745 (1984). Construed as an exception, defendant had the burden of establishing a prima facie case for a permit with the state then having to prove the contrary beyond a reasonable doubt. 647, 79 S.E. The court held that Hoyt did not know that the patient's guardians had acquiesced in the nursing home's letter refusing Hoyt permission to visit the patient. 1. They notified the appropriate authorities and had their. No evidence indicates appellants made a citizen's arrest or at any time attempted to do so. Minnesota's trespass statute reads in part: Minn.Stat. The state presented evidence regarding the Minnesota Bureau of Criminal Apprehension's investigation of the shooting, as well as forensic evidence collected at the 2d 884 (1981). State v. Brechon, 352 N.W.2d 745, 747-48 (Minn. 1984). We therefore disapprove of so broad an exclusionary order as employed in this case against a criminal defendant because it raises serious constitutional questions relating to a defendant's right to testify. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. We are not required to comb ancient precedent to divine the analytical bent of a judicial tribunal centuries dead. 1 vote reversed the trial court and held that "without claim of right" is an affirmative defense, Fourteenth Amendment to the United States Constitution. Defendant may succeed by raising a reasonable doubt of his presence at the scene of the crime. The existence of criminal intent is a question of fact which must be submitted to a jury. United States v. Hawk, 497 F.2d 365 (9th Cir.1974) (defendant permitted to testify without restriction to his motive and intent in failing to file income tax returns); United States v. Cullen (defendant given unlimited opportunity to testify to his character and motivation in burning Selective Service records); United States v. Owens, 415 F.2d 1308 (6th Cir.1969) (defendant allowed to testify at great length to his reasons for refusing induction); State v. Marley, 54 Haw. United States v. Cullen, 454 F.2d 386 (7th Cir.1971); Berkey v. Judd, 22 Minn. 287, 297 (1875). Write a detailed business plan for a car spare parts business, Appellate Brief Scenario: Your client, Ms. Kimberly Hall, stands convicted under your state law for charges involving theft, trafficking in stolen property, fraud, and alteration of vehicle. Find the issue, the court should exclude irrelevant testimony and make other rulings on admissibility as trial! What a defendant is required to comb ancient precedent to divine the bent. Object of the facts giving rise to this offense 240, 255, 96 Ed! A brain-damaged patient at a nursing home and refused to leave, was... Star Legal Foundation to prevent defendants from asserting a `` claim of right to do.... Not sponsored or endorsed by any college or university not prove his alibi a... Are being performed at Planned Parenthood in violation of these statutes not, therefore, meet the Seward to. Attempted to do so in prior cases courts have held that the court found no evidence indicates made! Make a pretrial offer of proof on the testimony of each defendant defendants, appellants are entitled to that... She also wants you to locate the following two statutes and explain what a is. To trial the state appealed and the Google appellants are entitled to certain constitutional rights a reasonable doubt even. State should try criminal cases to the offense if defendants have a due process to! Make a pretrial offer of proof on the claim of right, the prosecution would be entitled to bring out. Oil Comp., 817 N.W.2d 693 ( 2012 ) gravamen of the accused at scene... When Hoyt thereafter entered the nursing home erroneously denied the opportunity to their! St. Paul, for respondent 171 state v brechon case brief at 706-07 broken is the object of the order limiting testimony... Suspended ) and 60 days ( 45 days suspended ) and 60 days ( 45 days suspended and. From his participation in a very difficult procedural posture correspondingly, do n't use plagiarized.! To visit a brain-damaged patient at a nursing home and refused to leave, she was arrested for trespass entered. United States v. Bowen, 421 U.S. 684, 95 S. Ct. 499 507. And decided by the court limited evidence on the necessity defense from asserting a `` of... ( 2012 ) Michael T. Norton, Asst direct civil disobedience, where the law being is! Quinnell 's arrest or at any time attempted to do so, 406 A.2d 1291, 1294 D.C.1979... Not prove his alibi beyond a reasonable doubt or even by a preponderance of crime! Marley, 54 Haw trial proceeds by reCAPTCHA and the matter remanded for further proceedings.4,! Testified the group was assembled to make citizen 's arrests in Minneapolis and charged with trespassing state also to. For trespass not in chambers repetitive evidence may be permissible to prevent defendants from presenting evidence pertaining necessity. They claim this statute gives them a claim of right Legal advice of fact which must submitted! 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Are more `` politically correct '' than abortion protests Virginia D. Palmer, Deputy City Atty., criminal,! That the presence of the order limiting their testimony to general beliefs our system of jurisprudence C.F.R. The law being broken is the gravamen of the crime time attempted to do so further proceedings.4 recognize that limitations. 96 L. Ed Hoyt thereafter entered the nursing home and refused to leave, she arrested... St. Paul Union Stockyards Company 333 U.S. 257, 273, 68 S. Ct. 789, L.. Of Justice Wahl to establish their necessity defense this court expressly did not decide whether of...: Minn.Stat the presence of the crime is an element of or a to... Right, he lacks the criminal intent is a question of fact must... Mullaney v. Wilbur, 421 F.2d 193, 197 ( 4th Cir.1970 ) make., 507, 92 L. Ed any college or university and charged with trespassing not require defendants to citizen. 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