City of Aberdeen v. Regan

¶22 (dissenting) — Francis James Regan was charged with fourth degree assault and criminal trespass. A jury acquitted him of both charges.

¶23 At that time, Regan was on probation for a previous conviction. A condition of Regan’s probation required that he commit “[n]o criminal violations of law ...” Clerk’s Papers (CP) at 62. Despite his acquittal, the city of Aberdeen argued that Regan violated his probation by committing fourth degree assault and criminal trespass. The municipal court held Regan was guilty of a criminal trespass by preponderance of the evidence notwithstanding the…