Walter Hall Page 1

To: Mr. Violand PL-1122

State of Ohio v. Joe
11/23/2009

1. Did Joe enter by using force, stealth or deception?

Yes. It became a forceful entry at the time he broke even a small piece of the
door. 75 Am. Jur. 2d Trespass sec. 9

One who sets in motion a force that, in the usual course of events, will damage another
person’s property is liable for trespass. Hoery, v. U.S. 64 P. 3d 214 (Colo. 2003).

2911.12 Section (A) (1) of the Ohio revised code Burglary

(A) No person, by force, stealth, or deception, shall do any of the following:

(1) Trespass in an occupied structure or in a separately secured or separately occupied

portion of an occupied structure, when another person other than an accomplice of the
offender is present, with purpose to commit in the structure or in the separately secured
or separately occupied portion of the structure any criminal offense;

2. Did Joe Trespass?

Yes. He did trespass because he knowingly was going to enter the property of
another person. Even though it was an abandoned place, someone still owns the property
even if it is a bank, the township, state, or other government. 75 Am. Jur. 2d Trespass sec.
9. Generally, trespass consists of an intentional invasion of the property of another
Moulton v. Groveton Papers Co. 1972

3. Did Joe enter an “occupied structure”?

Yes. He did enter an occupied structure as noted below, the place was temporarily
habituated by a person, in this case, a homeless man, however; he is still a person.

2911.12 Section (A) (2) of the Ohio revised code Burglary

(A) No person, by force, stealth, or deception, shall do any of the following:

(2) Trespass in an occupied structure or in a separately secured or separately occupied

portion of an occupied structure that is a permanent or temporary habitation of any
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To: Mr. Violand PL-1122
State of Ohio v. Joe
11/23/2009
person when any person other than an accomplice of the offender is present or likely to
be present, with purpose to commit in the habitation any criminal offense;

4. Did Joe have intent to commit a criminal offense?

Yes. He had every intention of committing a criminal offense of theft when he
knew he was going to go in and take old bottles that may or may not be in there, as he did
in the past with other abandoned houses that he entered. He knew the structure belonged
to someone else, therefore; he knew it would be wrong to enter the premises.

Moulton v. Groveton Papers Co. 1972