Legal Opinion

State v. Staley

Texas Court of Appeals, 1st District (Houston)

Decided December 4, 1991No. 01-90-00477-CRPublishedCited by 13 opinions

1Opinion of the Court

OPINION

COHEN, Justice.

The State appeals, contending the trial court wrongly dismissed its information alleging criminal trespass. 2

The information alleged that appellee did “with notice that entry was forbidden, intentionally and knowingly enter and remain on property owned by TAMMY HEWETT, hereafter styled the Complainant, without the effective consent of the Complainant.”

(Emphasis added.) The trial court ruled the information failed to state an offense because it alleged appellant trespassed on property “owned by” the complainant, rather than property “of another,” as required by statute.

To…

2Cases cited2 opinions

  1. Palmer v. State, Texas Court of Appeals, 1st District (Houston)1988
  2. Stanley v. StateCourt of Criminal Appeals of Texas · 1982

3Cited by13 opinions

  1. Bader v. State, Texas Court of Appeals, 3rd District (Austin)2000
  2. State v. KinseyCourt of Criminal Appeals of Texas · 1993
  3. Vanderburg v. State, Texas Court of Appeals, 1st District (Houston)1992
  4. State v. GarciaCourt of Criminal Appeals of Texas · 1993
  5. State v. KinseyCourt of Appeals of Texas · 1992

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