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Trespass Adult Quick Dry Balaclava Moulder

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charged beyond a reasonable doubt. Hobson v. State, 675 N.E.2d 1090, 1094 (Ind. 1996); see In re Winship, 397 U.S. 358, 361, 90 S. Ct. 1068, 1072, 25 L. Ed. 2d 368, 373-74 (1970) (Due Process Clause protects accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime charged). The State failed to prove a material element of criminal trespass within the meaning of Indiana Code 35-43-2- 2(a)(2). There is insufficient evidence as a matter of law to sustain Woods' conviction. The criminal trespass statute's purpose is to punish those who wilfully or without a bona fide claim of right commit acts of trespass on the land of another. See Myers v. State, 190 Ind. 269, 273, 130 N.E. 116, 117 (1921). At trial, Bally's manager, Brian Collier, conceded that Woods was a Bally's member on the day of her arrest. Thus, there was an undisputed factual basis for Woods' belief that she had a contractual right to be on the premises. Her belief and bona fide claim of right defeat the mens rea requirement of the criminal trespass statute and render her conviction erroneous. See Olsen v. State, 663 N.E.2d On January 7, 1997, Woods went to Bally's to exercise. She presented her membership card to the receptionist, who informed her that there was a problem with her card. However, Woods was permitted to exercise while Bally's attempted to resolve the problem. Woods was in the parking lot preparing to leave after her workout when she realized that she had not retrieved her card. Upon returning to the reception area, she was informed that her membership had expired, as evidenced by computer records. Over Woods' objection, the receptionist refused to return the card to Woods. Woods was referred to Bally's general manager, Brian Collier. Woods informed Collier that she would leave the premises if he returned her membership card. Woods became disruptive, and Collier asked her to accompany him to the office to discuss the matter. He retained the card during that discussion. Eventually, Collier asked Woods to leave because of the disturbance she was causing. Woods started to leave but then changed her mind and returned to Collier's office. Collier again asked her to leave. Collier warned her that he would call the police if she refused, and Woods agreed that he should call the police. Id. at 812. In this context, "contractual interest" refers to Woods' right, arising out of her membership contract, to be present on Bally's property.

The State contends that Bally's had the right to determine whom to invite, the scope of the invitation and the circumstances under which the invitation may be revoked. See id. at 1195 (hotel guest did not have contractual interest in hotel lobby open to general public). Thus, the State concludes that Woods was an invitee and that a trespass occurred when Bally's revoked her invitation and asked her to leave. The State's reliance on Olsen is misplaced. Bally's was not open to the general public, and Woods was not a mere invitee. Woods had a contractual interest in the property by virtue of her membership contract.

History of Trespass

Exploration is at the heart of Trespass. For over 30 years they have designed and produced groundbreaking performance outerwear, footwear and accessories for all types of outdoor pursuits. Bridging the gap between fashionable, technical and traditional, the products continue to innovate with own-brand technologies such as Tres-Tex and Tres-Shield that have transformed outdoor attire. Whether you're planning a skiing holiday, going camping, setting off on a hike or just generally spending some time in the great outdoors, the Trespass Outlet in Wembley Park is the place for you. Balaclavas can be used for any sports and in any conditions, but are most commonly worn during high-speed pursuits or in extreme weather. For example, a balaclava would be a great addition to glacier skiing, desert snowboarding and anything in between.

Please note that there have been mask bans put in place in the past, such as during riots, and this is not to say that it won’t happen again. Woods complains that the State presented insufficient evidence to sustain her conviction for criminal trespass. When reviewing the sufficiency of the evidence, we neither reweigh the evidence nor judge witness credibility. Nield v. State, 677 N.E.2d 79, 81 (Ind. Ct. App. 1997). We consider only the evidence favorable to the judgment, together with the reasonable inferences to be drawn therefrom. Snyder v. State, 655 N.E.2d 1238, 1240 (Ind. Ct. App. 1995). If there is substantial evidence of probative value to support theJENNIFER WOODS, ) ) Appellant-Defendant, ) ) vs. ) No. 49A05-9712-CR-536 ) STATE OF INDIANA, ) ) Appellee-Plaintiff. ) The State charged Jennifer Woods with Criminal Trespass, a Class A misdemeanor,See footnote 1 after she was asked but refused to leave the premises of Bally Total Fitness Health Club ("Bally's"). Following a bench trial, Woods was convicted as charged. Woods presents one issue for review which we restate as whether the State proved beyond a reasonable doubt that Woods did not have a contractual interest in the property occupied by Bally's.

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