State v. Herzig

SANDSTROM, Justice.

[¶ 1] Daniel Herzig appeals from a judgment entered after a jury found him guilty of criminal trespass, a class B misdemeanor. Under State v. Meyer, 861 N.W.2d 221 (N.D.1985), we conclude this dispute was ill-suited for a criminal action and instead should have been resolved in a civil action because there existed a legitimate dispute as to whether the area upon which Daniel Herzig was alleged to have trespassed was a public road by prescription under N.D.C.C. § 24-07-01. Under Meyer, we reverse the judgment and remand to the district court to enter a judgment of acquittal.

I