People v. Ripley

By the Presiding Justice (orally):

I think the defendants are clearly entitled to acquittal on two grounds:

First: To maintain the prosecution it must be shown beyond *325reasonable doubt that the complainant at the time mentioned was the owner of the freehold affected. On the contrary, as it seems to me, the evidence submitted to locate the tract described in the complainant’s deeds is inconclusive, and the defendant’s claim of title is at least fortified by recent continued possession.

Second: To incur the condemnation of the statute the defendants must have intended to do the act forbidden, that…