If the evidence be accepted as true, it is obvious that what the defendant and the other party indicted will) him, did on the premises of the prosecutor, in his presence and against his expressed will, amounted to more than a simple trespass. The evidence tended strongly to prove, that, without provocation and with concert between them, their manner and language directed towards and against the prosecutor grossly insulting and threatening, and accompanied by some demonstrations of violence, they intended to provoke a breach of the peace and to intimidate him. He testified that he was intimidated, and his wife, who was near by, witnessing what was done and said, was greatly alarmed. Such action and conduct constituted a forcible trespass.
The delendant cannot escape criminal responsibility upon the ground suggested on the argument here, that he went upon the premises of the prosecutor by his permission, for a peaceful and proper purpose. There was evidence to show that he intended insult, and perhaps violence, when he went there; but be that as it may, the prosecutor was there in the peaceful possession of his own premises. As soon, then, as the defendant and his companion began such diplay of force and threatened violence, and the prosecutor commanded them to get off his grounds, and they refused to do so, they then at once put themselves in violent opposition to him, and made forcible entry upon his premises, against his right, in such way as tended directly to produce a breach of the peace, or intimidate the prosecutor, and force him to desist from the just exercise of his rightful authority there. At first, the defendent did not get possession of the premises at all; he went upon them under the prosecutor, and by his express or implied permission — he got temporary violent possession, made forcible entry, and thus committed a forcible trespass. It may be, he was not at first a trespasser, but he became such as soon as he put himself in forcible opposition to the prosecutor.
*843The instructions given the jury by the Court, were warranted by the facts.
There is no error. The the end that the judgment may be affirmed, let this opinion be certified to the Criminal Court. It is so ordered.
No error. Affirmed.