State v. Head

ORDER

The state has petitioned for a rehearing and argues our prior opinion was incorrect in several particulars. While we deny the petition for rehearing, we briefly address the state’s contentions.

The state first contends this court “clearly misapprehended the facts” in stating that Mr. Satcher only owned a majority of the land surrounding the pond. The state did not present in the record a detailed map or diagram showing the area in dispute, so this court relied on the testimony at the magistrate’s hearing. There, the following testimony was given:

HEAD: ... [Satcher] owns one side of the…