Goldsmith v. State
Supreme Court of Alabama
From the Circuit Court of Crenshaw. Tried before the Hon. John P. Hubbard. cited Street v. Sinclair, 71 Ala. 110; Burns v. Campbell, 71 Ala. 271; Watson v. State, 63 Ala. 19.
1Opinion of the CourtStone, C. J.
The prosecution in this case was instituted under section 3874, Code of 1886, — a purely statutory offense. It declares that “any person, who, without legal cause, or good excuse, enters .... on the premises of another, after having been warned within six months preceding not to do so, must, on conviction,” &c.
In Watson v. State, 63 Ala. 19, this court said: “The statute is intended for the protection of the possession of real estate, against the entry of intruders, or trespassers; and it can not be made to serve all the purposes of an action of trespass quare clausum fregit, nor converted…
2Cases cited8 opinions
- Street v. SinclairSupreme Court of Alabama · 1881
- McLeod v. McLeodSupreme Court of Alabama · 1882
- Alexander v. AlexanderSupreme Court of Alabama · 1882
- Watson v. StateSupreme Court of Alabama · 1879
- Owens v. StateSupreme Court of Alabama · 1883
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3Cited by8 opinions
- Bouie v. City of ColumbiaSupreme Court of the United States · 1964
- Humphrey v. BoschungSupreme Court of Alabama · 1971
- Rains v. StateSupreme Court of Alabama · 1889
- Coulter v. HolderSupreme Court of Alabama · 1971
- Goldsmith & Davis v. McCaffertySupreme Court of Alabama · 1893
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