People v. Emmert

The defendants-appellants were convicted of third-degree criminal trespass in violation of section 18-4-504, C.R.S. 1973.

The validity of the conviction depends upon our determination of the following question: Did the defendants have a right under section 5 of Article XVI of the Constitution of Colorado to float and fish on a non-navigable natural stream as it flows through, across and within the boundaries of privately owned property without first obtaining the consent of the property owner? We answer this question in the negative and therefore affirm the conviction.

Trial was to the court.…