Brunson v. State
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. The appellant in this case, Charles Brunson, was indicted, tried and convicted for trespass after warning. The facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion.
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Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. The appellant in this case, Charles Brunson, was indicted, tried and convicted for trespass after warning. The facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion. The defendant requested the court to give to the jury the following written charge, and duly excepted to the court’s refusal to give the same as asked: “If the jury believe from the evidence that the defendant after receiving the warning did not go beyond the limit of land he had taken…
1Opinion of the Court
DOWDELL, J.-
The prosecutor and defendant were proprietors of adjacent lands. The prosecution was commenced under section 5606 of the Criminal Code, 1896, which fixes a punishment for trespass after warning. This statute embraces two separate and distinct offenses under the common designation of trespass after warning; or, in other words, the offense of trespass after warning may be committed in two different and distinct ways. First, where the defendant “without legal cause or good excuse, enters into the dwelling house, or on the premises of another, after having been warned, within six…
2Cases cited6 opinions
- McLeod v. McLeodSupreme Court of Alabama · 1882
- Watson v. StateSupreme Court of Alabama · 1879
- Owens v. StateSupreme Court of Alabama · 1883
- Bohannon v. StateSupreme Court of Alabama · 1882
- Matthews v. StateSupreme Court of Alabama · 1886
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3Cited by5 opinions
- Bouie v. City of ColumbiaSupreme Court of the United States · 1964
- Lipscomb v. MooreSupreme Court of Alabama · 1933
- Huff v. StateAlabama Court of Appeals · 1918
- Keith v. StateAlabama Court of Appeals · 1941
- Hendley v. StateAlabama Court of Appeals · 1912