N.C.P.I.—Crim. 214.31

NOTE WELL: By N.C. Gen. Stat. § 14-159.14, first and

second degree trespass have been designated lesser-

included offenses of breaking or entering a building

under N.C. Gen. Stat. § 14-54 (see N.C.P.I.—

Crim. 214.30 and N.C.P.I.—Crim. 214.34) and lesser-

included offenses of felonious breaking or entering a

vehicle or boat under N.C. Gen. Stat. § 14-56 (see

N.C.P.I.—Crim. 214.40).

The defendant has been charged with first-degree trespass.

For you to find the defendant guilty of this offense, the State must

prove two things beyond a reasonable doubt:

First, that the defendant [[entered] [remained]] [[on premises of

another so enclosed or secured as to demonstrate clearly an intent to

keep out intruders] [in a building of another person] [on the lands of the

Eastern Band of Cherokee Indians].

And Second, that the defendant [[entered] [remained]] [[on the

premises] [in the building] [on the lands of the Eastern Cherokee

Indians]] [[without authorization] [after having been excluded by a

resolution passed by the Eastern Band of Cherokee Indian Tribal

Council]].

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date, the defendant [[entered] [remained]] [[on

premises of another so enclosed or secured as to demonstrate clearly an

intent to keep out intruders] [a building of another person] [on the lands

of the Eastern Band of Cherokee Indians]] [[without authorization] [after

having been excluded by a resolution passed by the Eastern Band of

Cherokee Indian Tribal Council]], it would be your duty to return a verdict

of guilty. If you do not so find or have a reasonable doubt as to one or

more of these things, it would be your duty to return a verdict of not

guilty.