Wilson v. State
Supreme Court of Alabama
From tbe Circuit Court of Coffee. Tried before the Hon. Jesse M. Carmichael. This was a prosecution for trespass after warning, instituted by H. A. Goodman against W. J. Wilson, and was commenced before a justice of the peace, on the 8th November, 1888. On the trial in the Circuit Court, as the bill of exceptions shows, the prosecutor testified, “that he warned the defendant on the 6th November, 1888, not to go on his lands or premises, 'and that the defendant went on the…
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From tbe Circuit Court of Coffee. Tried before the Hon. Jesse M. Carmichael. This was a prosecution for trespass after warning, instituted by H. A. Goodman against W. J. Wilson, and was commenced before a justice of the peace, on the 8th November, 1888. On the trial in the Circuit Court, as the bill of exceptions shows, the prosecutor testified, “that he warned the defendant on the 6th November, 1888, not to go on his lands or premises, 'and that the defendant went on the land the next day with his oxen and wagon;” and he further testified, on cross-examination, “that the part of the land…
1Opinion of the CourtMcCLELLAN, J.
The charge requested by the defendant was properly refused. It was in evidence, that “by outing out a new road, a short distance through open piney woods, perhaps 100 yards, and cause-waying a small boggy branch,” any necessity the defendant would otherwise have been under to use the road across the land of the prosecutor, which he had been warned not to do, would have been obviated. Without undertaking to define those terms as employed in the statute creating the offense of trespass after warning (Code, § 3874), we are satisfied that there was no such conduct on the part of the prosecutor,…
2Cited by1 opinion
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