Templin v. State
Supreme Court of Alabama
Appeal from Bibb County Court. Heard before Hon. W. L. Pratt. J. C. Templin was convicted of trespassing after warning, and he appeals.
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Appeal from Bibb County Court. Heard before Hon. W. L. Pratt. J. C. Templin was convicted of trespassing after warning, and he appeals. The affidavit was in the following language: “Personally appeared before me, G. G. Pate, a justice of the peace in and for said county, O. C. Peyton, who being duly sworn, says on oath that J. 0. Templin, within 12 months before making this affidavit, in said county, did trespass after warning, and did refuse to leave the prernises of Red Feather Coal Company, after being warned to do so, against the peace and dignity of the state of Alabama,” etc. The…
1Opinion of the CourtMayfield, J.
On further, examination of this record we find no evidence to support the judgment of conviction. The undisputed evidence shows that the warning given was by Peyton as an officer of the law, and not, as the agent of the owner of the premises. While it is shown that Peyton was the agent of the company, the owner of the premises, and had authority to warn off trespassers, yet he testified that he warned defendant as an officer of the law, and not as the agent of the owner.
*131Tlie affidavit- or complaint charged that defendant trespassed after warning, and refused to leave the premises after being…
2Cited by7 opinions
- Robison v. StateAlabama Court of Appeals · 1940
- State v. QuinnellSupreme Court of Minnesota · 1967
- Hendricks v. StateSupreme Court of Alabama · 1949
- Johnson v. StateAlabama Court of Appeals · 1965
- Blackwell v. StateAlabama Court of Appeals · 1964
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