Raiford v. State
Mississippi Supreme Court
From the circuit court of Covington county. Hon. John R. Enochs., Judge. Raiford, the appellant, was prosecuted before a justice of the peace for violating Code 1892, § 1320; was there convicted; appealed to the circuit court, where he was again tried and convicted, and appealed to the supreme court.
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From the circuit court of Covington county. Hon. John R. Enochs., Judge. Raiford, the appellant, was prosecuted before a justice of the peace for violating Code 1892, § 1320; was there convicted; appealed to the circuit court, where he was again tried and convicted, and appealed to the supreme court. The code section is in words following: “If any person shall go upon the inclosed land of another without his consent, after having been notified by such person or his agent not to do so, either personally or by published or posted notice, or shall remain on such land after a request by such…
1Opinion of the Court
Cali-ioon,, I.,
delivered the opinion of the court.
The verdict of the jury puts appellant precisely in the category denounced .by Code 1892, § 1320. The statute applies to persons going on inclosed land after notice not to do so, when the land is in the possession of another and title is not involved. Knight v. State, 61 Miss., 802 (2 South. Rep., 252). Possession can be ousted properly only by legal proceedings terminated by process.
Affirmed.
2Cited by1 opinion
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