State v. Batten

Ray Manning Batten, Jr., appeals a conviction for second-degree criminal trespass.1 He makes several assignments of error. We reverse, holding the tried court erred in precluding Mr. Batten from presenting his defense based on a claim of right.

*78This action arose out of a dispute between Mr. Batten and Dr. MacDuff as to property rights. It was commenced in district court upon Dr. MacDufFs complaint. Mr. Batten was convicted; he appealed to the Superior Court where a jury found him guilty; Mr. Batten was given a 90-day suspended sentence and fined $250.

Dr. MacDuff owns undeveloped property…