State v. Travis

I respectfully dissent from the decision of the Court in this case, and would affirm the judgment of the Circuit Court of Doddridge County.

The only other case involving criminal trespass that has been decided by this Court is State v. Andrews, 75 W. Va. 233, 85 S. E.'IOIO, briefly discussed in the Court’s opinion. *373The rule laid down therein is one upon which I would affirm the conviction: “One can not be convicted for a trespass where the act complained of was done under a bona, fide claim of right; but the question whether the act was so done is ordinarily one for the jury.” An examination…