Johnson v. State

McMurray, Chief Judge.

Via accusation, defendant was charged with the offense of a misdemeanor (criminal trespass) in that, on December 2, 1983, he “did enter upon the premises of Michael M. Neill and did refuse to leave after being advised to do so by the rightful occupant.” Upon defendant’s conviction by the trial court, without the intervention of a jury, the court imposed a fine of $500 and a 12 month-probated sentence. This appeal followed.

The evidence adduced at the trial demonstrates the following: On December 2, 1983, defendant and his wife went shopping at the J. C. Penney’s Outlet…