Woodruff v. State
Supreme Court of Alabama
Appeal from Jefferson Criminal Court. Heard, before Hon. S'. L. Weaves. George Woodruff was convicted of trespass after warning and be appeals. The affidavit was defective and demurrer to same should have been sustained.
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Appeal from Jefferson Criminal Court. Heard, before Hon. S'. L. Weaves. George Woodruff was convicted of trespass after warning and be appeals. The affidavit was defective and demurrer to same should have been sustained. In order to sustain a conviction the evidence must show that the party giving the warning was in actual possession or the agent or representative of the person in actual possession. — Matthews v. The State, 81 Ala. 66; Sewell v. The State, 82 Ala. 57. The affidavit followed the statute creating the offense and also followed the form for indictment in such cases, and was,…
1Opinion of the CourtSimpson, J.
The appellant was convicted of the offense of trespass after warning. The affidavit is in accordance with section 7827 of the Code of 1907, and form 110, p. 679, of the Code. Consequently the demurrer to the affidavit was properly overruled.
*4In order to constitute the offense of trespass after warning, it is necessary to show that the warning was given by tbe person in possession or his duly authorized agent. The evidence is not convincing that the house was in the possession of the Republic Iron & Steel Company. While the prosecutor, Felton, states, from his books, that the house was not…
2Cited by5 opinions
- Ervin v. Shelby's HeirsSupreme Court of Louisiana · 1920
- Johnson v. StateAlabama Court of Appeals · 1965
- Brooks v. City of BirminghamCourt of Criminal Appeals of Alabama · 1980
- Van Valkenburg v. StateAlabama Court of Appeals · 1946
- Van Valkenburg v. StateAlabama Court of Appeals · 1946