Legal Opinion

Matthews v. State

Supreme Court of Alabama

Decided December 15, 1886PublishedCited by 10 opinions

Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. The facts are sufficiently stated in the opinion.

1Opinion of the CourtClopton, J.

— The statute declares : “ That any person who, without legal cause or good excuse, enters into the dwelling house, or on the premises of another, after having been warned within six months preceding not to do so, is guilty of a misdemeanor.” If a conviction is had, the fine goes to the party injured.' — Code, 1876, §§ 4419, 4420. The intent is to secure more effectual protection of the possession of real estate against trespassers, than was furnished by civil action. To this end, the statute converts into a criminal offense, when the entry is after warning, what was a private injury at…

2Cases cited1 opinion

  1. Watson v. StateSupreme Court of Alabama · 1879

3Cited by10 opinions

  1. Goldsmith v. StateSupreme Court of Alabama · 1888
  2. Lambert v. RainboltSupreme Court of Oklahoma · 1952
  3. Sewell v. StateSupreme Court of Alabama · 1886
  4. Johnson v. StateAlabama Court of Appeals · 1965
  5. Brunson v. StateSupreme Court of Alabama · 1903

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