Withers v. State
Supreme Court of Alabama
Appeal from the County Court of Shelby. Tried before the Hon. D. R. McMillan. The appellants in this case were- prosecuted and convicted for trespass after warning. The premises- alleged to have been trespassed upon were a certain upper story in a building in the town of Montevallo, and this upper story had been formerly used as a lodge room by the “Anub Lodge of Immaculates.”
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Appeal from the County Court of Shelby. Tried before the Hon. D. R. McMillan. The appellants in this case were- prosecuted and convicted for trespass after warning. The premises- alleged to have been trespassed upon were a certain upper story in a building in the town of Montevallo, and this upper story had been formerly used as a lodge room by the “Anub Lodge of Immaculates.” Two of the witnesses who were introduced for the State, testified that they bought this lodge room and went into possession of it a short time before the alleged trespass ; that their possession consisted in using it.as…
1Opinion of the CourtDowdell., J.
The defendants were prosecuted and convicted under section 5606 of Code of 1896, for trespass after warning.
The offense denounced by the statute is one against the possession, and ordinarily the question of title or ownership of the property cannot be inquired into. Cases may arise where a perfect legal title in the defendant would not justify his entry upon land after warning.—Lawson et al. v. State, 100 Ala. 7.
We do not question the soundness of the argument of appellants’ counsel, that one joint tenant or tenant in common cannot prosecute his cotenant for trespass after warning in going…
2Cases cited1 opinion
- Lawson v. StateSupreme Court of Alabama · 1893
3Cited by2 opinions
- Hill v. StateCourt of Criminal Appeals of Alabama · 1981
- Tutwiler Coal, Coke & Iron Co. v. WheelerSupreme Court of Alabama · 1907