...). The Court of Appeals reversed, holding that the evidence established that the defendant was on the property under a bona fide claim of right; therefore, he lacked the criminal...conviction was based on perjured testimony; (2) the evidence was insufficient to support the conviction; and (3) the court failed to instruct the jury that a bona fide claim of right is a defense to...instruction to the effect that a bona fide claim of right is a defense to a criminal trespass charge and none was given. After the jury's guilty verdict, Reed moved to set it aside and...

.... INDICTMENT FOR WILLFUL TRESPASS ON LAND — THE CODE, SEC. 1120 — BURDEN OF PROOF — BONA FIDE CLAIM OF RIGHT — REASONABLE BELIEF — HARMLESS ERROR...by way of defense that he entered under a license from the owner or a bona fide claim of right. 2. In the trial...defense that he entered under a license or a bona fide claim of right, since those are matters peculiarly within his knowledge. The license referred to is not a license from the owner, as that...

..., the defendant contends that his vehicle was subject to an illegal search. He maintains that he had a bona fide claim of right to regain the property taken and that the trial court gave...defendant did not deny that he had handcuffed Hohmann or that he had removed items from Hohmann's shop. Instead, he took the position that he had taken the property under a "bona fide claim of right." Specifically...defendant's assignments of error relate to his claim that in taking Hohmann's property he was acting under a "bona fide claim of right." We have been unable to locate a West Virginia case dealing with the...

...bona fide claim on the part of defendant Loudermilk, the defendants excepted. There was a verdict of guilty and defendants appealed from the judgment thereon. Attorney-General for the State. No counsel contra. Indictment for Trespass — Defense — Bona Fide Claim of Right — Public...land under a bona fide claim of right, introduced in evidence an entry of public lands, reciting that he had entered and located "640 acres in C. County on the headwaters of W. Creek, beginning on...that he entered under a bona fide claim to the land, he introduced an entry expressed as follows: "Entry No. (866) 5545 — F. T. Loudermilk enters and locates 640 acres of land in Caldwell...

.... (3) Robbery — Taking under Bona Fide Claim of Right — Defense Not Proved. (4) Robbery — Aiding and Abetting Proved. 1. Robbery in Virginia bears its common.... 3. The defendants alleged they had no intent to steal because they took the key under a bona fide claim of right since Jordan had sold the truck to Pierce and refused to deliver it or to give back the.... The "countervailing evidence" relied on by the defendants is their testimony to the effect that what they did was done under a bona fide claim of right. To take property under a...

...that, since he remained on the leased premises under a bona fide claim of right, he could not be considered a tenant who held over in wilful derogation of the terms of the tenancy....2d 765 (Fla. 1965). The tenant insists that he held over under a bona fide claim of right since, (1) he had a renewal option that he believed had been validly exercised regardless of his prior...obligations of the parties were fully litigated, the tenant had a bona fide claim of possession which derived from the renewal option provision of the lease itself. The tenant's basis for continued possession was arguably authentic and not merely a spurious assertion of a purported right lacking...

...reasons: 1st. For that, it does not aver that the defendant had no bona fide claim of right to the said lands: and 2d. The indictment did not aver that Edward...that it did not aver that the defendant had no bona fide claim of right to said land. 2d. That the indictment did...his rights, should he be forced hereafter to rely upon the plea of former acquittal or conviction. Either a bona fide claim of right to the land, or permission from...

...thoroughly devitalized. The basis for the Wilcox decision was "that a taxable gain is conditioned upon (1) the presence of a claim of right to the alleged gain and (2) the absence of a definite, unconditional obligation to repay or return that which would otherwise constitute a gain. Without some bona fide legal..., supra, at p. 408. Since Wilcox embezzled the money, held it "without any semblance of a bona fide claim of right," ibid., and therefore "was at all times under an unqualified duty and obligation...the money by means of a criminal act; neither had a bona fide claim of right to the funds. Nor was Rutkin's obligation to repay the extorted...

...bona fide claim of right. 5. In an indictment for a willful trespass under Rev., sec. 3688, where the Judge on appeal (a trial by jury being waived) finds that the defendant...entered without right, but the question of whether he entered under a bona fide claim of right does not appear in the facts and has never been determined, the defendant's guilt has not been...construction put upon this statute has been that a defendant who enters, after having been forbidden, cannot be convicted if he enters having right or under a bona fide claim of right. S...

...and Residents of Health Care Facilities; Bill of Rights, Minn.Stat. § 144.651 (1980). (3) A bona fide claim of right in that she believed she had a right to enter St. Mary's and...right of St. Mary's Rehabilitation Center to establish and enforce reasonable rules and regulation controlling the time, place and manner of visitation. (3) The Bona Fide Claim of...withdrawal of previously existing express or implied consent, she had a claim of right defense to the trespass charge. Quinnell referred to a claim or right in this manner: The Advisory Committee Comment on the new Criminal Code, 40 M.S.A. p. 570, commenting on the statutory reference to trespass "without claim of right," observes that those words simply cover bona fide claims...

...opinion that such an issue does remain as to whether the possession of the property by appellees' deceased was accompanied by a bona fide "claim of right." The...the requisite elements, including a bona fide claim of right to possession, are present. See generally Seignious v. MARTA, 252 Ga. 69, 72...appellants' predecessors in title, his possession would not be accompanied by the requisite element of a bona fide claim of right. Cf. Erwin v...

...claim of right on the part of the accused, evidence that the property was taken openly, without any concealment or subsequent effort to conceal the taking, is evidence of good faith in the claim of right thereto. 3. CRIMINAL LAW — Intent — Enhancing Evil of Act by Intent Drawn Therefrom. — The court cannot first draw an evil intent from an act, and then enhance the evil of the act by adding this intent back again to it. 4. EMBEZZLEMENT — Intent — Taking under Belief of Bona Fide Claim...of Right. — There can be no embezzlement where the property is taken under an honest belief that the accused had a bona fide claim...of right to do so. 5. EMBEZZLEMENT — Intent — Necessity for Fraudulent Purpose to Deprive Owner of Property. — In embezzlement, there must be a fraudulent purpose to deprive the owner of his property and appropriate the same. If property is converted under a bona fide claim...

.... See Pierce v. Commonwealth, 205 Va. 528, 532 (1964). Virginia has recognized the claim-of-right defense to robbery since at least 1926. See Butts, 145 Va. at 811-13. In the context of robbery, a good faith or bona fide claim...of right negates the mens rea element of the offense. "To take property under a bona fide claim of right, as under a claim of ownership, or in a bona fide attempt...faith, believes it is his, for there is lacking the criminal intent which is an essential element of larceny." Butts, 145 Va. at 811-12. The claim-of-right defense requires a predicate showing of "good faith," or a bona fide belief...

...and, therefore, void and he offered the company the amount due it and kept only what he was entitled to retain under the previous contract. This claim of right, if bona fide, though...without concealment, and under a bona fide claim of right, the conversion is not embezzlement, however unfounded the claim may be. The mere absence of concealment and secrecy, however, is no...defense, if there is a fraudulent intent, and no claim of right." To like effect see 18 Am. Jur. p. 586, § 27. The question is not whether the assignment was under duress, rendering it void, but whether defendant, in good faith, even though mistaken in point of law, retained the money under assertion of bona fide claim...

...was made under a bona fide claim of right, that would be no defense if in truth there was no such right and the entry was in fact unauthorized. This construction is made as an answer to the...immaterial, and that although the defendant entered under a bona fide claim of right, which he might reasonably believe entitled him to take possession, nevertheless it would be no defense. Section 467...against the owner for specific performance and for damages for non-performance. There was not a shadow of right in the defendant to the possession of the premises, either under the contract of purchase or...

.... 179, 183, 445 S.E.2d 667, 670 (1994). If, however, the property is taken "under a bona fide claim of right, as under a claim of ownership or in a bona fide attempt to enforce payment of a debt," criminal intent is lacking and there can be no larceny. Pierce v. Commonwealth, 205 Va. 528, 533, 138 S.E.2d 28, 32 (1964). Even if the claimant's belief that he has a right to...unreasonable, it constitutes a bona fide claim of right so long as the belief was made honestly and in good faith. See 50 Am.Jur.2D Larceny § 46 (1995); see also Whitlow v...owner of the property. The doctrine of bona fide claim of right applies where the claimant is acting on behalf of another, and where he believes himself to be part owner...

...) Upon this state of facts his Honor instructed the jury: "That if the defendants moved the house under a bona fide claim of right, they were not guilty; if they did not move the house under a...bona fide claim of right, they were guilty." The jury found the defendant guilty, and there was judgment, from which the defendant appealed. The case... STATE v. JOHN REYNOLDS et als. Supreme Court of North Carolina (October Term, 1886...

...another charge as well, but appeals only the trespass charge, arguing that it should be dismissed because she had a bona fide claim of right to be on the property in question. Because the...commissioner did not decide whether Appellant had a bona fide claim of right to be on the property, we reverse and remand. I. On the... claim of right was limited to Mr. Coury caring for the horses. That, then, was the issue on which the motion to dismiss should have turned: Whether the Courys' bona fide claim of right to use Lee's driveway was limited to caring for the horses, or whether their bona fide claim...

...' incarceration, to be suspended after Hedrick "ha[d] serve[d] [45] days." On appeal, Hedrick challenges the sufficiency of the evidence to support his conviction and argues that he had a bona fide claim of right to...argued that the trial court "should not have convicted [him] because he had a bona fide claim of right to be on the property." Hedrick asserted that he "believed that he was permitted to visit the...conviction under Code § 18.2-119 because he "was present at the property under a bona fide claim of right." Code § 18.2-119 states in relevant part...