Smithley v. State

RATLIFF, Chief Judge.

STATEMENT OF THE CASE

Ronald D. Smithley appeals his convic*904tion for Criminal Trespass,2 a Class A. misdemeanor. We reverse.

ISSUE

Did the State prove all essential elements of criminal trespass beyond a reasonable doubt?

FACTS

Stanley Mooberry owned a two-story house at 819 Esther Street in Huntington. The house was used as a storage warehouse. Some of the windows were boarded up and the doors were kept locked. On April 29, 1991, seventeen-year-old Smithley and another juvenile attempted to enter the house through the front door, but it was locked. They attempted to kick in…