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TRESPASS TO PERSONS: BATTERY

LAW OF TORT | Page 12 of 12
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appellant on the shoulder with the intention of stopping him but without the intention to arrest the appellant. Thereupon the appellant struck the officer with some force. The appellant was charged with assaulting an officer in the execution of his duty and convicted. On appeal it was held that the touching of the appellant's shoulder by the police officer was a trivial interference with his liberty, which did not amount to a conduct outside the officer's duties. Accordingly the appeal was dismissed and the conviction for assaulting the police officer was affirmed. CONCLUSION Trespass is the unauthorized intervention with a person, his property or his possession. Where it is trespass to a person, it could take the form of battery assault or false imprisonment. Where it is to his property, it could take the form of trespass to land, detinue or conversion.