State v. Absher

In tbe opinion of tbe Court, tbe instructions to tbe jury are objectionable in tbat tbey do not present to tbe jury tbe true status of tbe defendant as an inmate of tbe Lankford household and entitled to a reasonable consideration of bis rights as an occupant thereof. There is no question tbat be might have been ejected upon reasonable notice; but tbat be should be reduced to tbe status of a trespasser eo instanti tbat be was ordered out by Mrs. Lankford or other inmates of tbe household, is altogether inconsistent with any status which could arise under tbe evidence relating to tbe manner,…