People v. Emmert
Colorado Supreme Court
597 P.2d 1025 (1979)
- Written by Robert Cane, JD
Facts
Emmert, Taylor, and Wilson (the floaters) (defendants) entered the Colorado River from public land to embark on a float-trip down the river. On their float-trip, the floaters approached a section of the river owned by the Ritschard Cattle Company (Ritschard). Ritschard owned the land on both sides of the stretch of the river and the riverbed in between. This section of the river had no-trespassing signs posted. As the floaters neared the Rischard’s section, several men extended a strand of barbed wire across the river to impede the path of the floaters. The floaters stopped at the bridge and were told they were trespassing. The floaters ignored the trespassing warning and passed under the barbed wire. Shortly after, the floaters were arrested by a law-enforcement officer and charged with criminal trespass. At trial, the floaters stipulated to the fact that the section of the river owned by Ritschard was nonnavigable and had not been used for commerce, meaning that it did not constitute navigable waters. The floaters were convicted of criminal trespass. The floaters appealed.
Rule of Law
Issue
Holding and Reasoning (Lee, J.)
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