Hendley v. State
Alabama Court of Appeals
Appeal from Andalusia City Court. Heard before Hon. R. H. Jones. Andrew Hendley was convicted of trespass after warning, and he appeals. The facts sufficiently, appear in the opinion of the court. The following charges were refused to the defendant: (3) “In no event can you find the defendant guilty, unless he had actual possession of the land involved in this case at the time of the alleged notices, and at the time of the alleged entry by the defendant.”
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Appeal from Andalusia City Court. Heard before Hon. R. H. Jones. Andrew Hendley was convicted of trespass after warning, and he appeals. The facts sufficiently, appear in the opinion of the court. The following charges were refused to the defendant: (3) “In no event can you find the defendant guilty, unless he had actual possession of the land involved in this case at the time of the alleged notices, and at the time of the alleged entry by the defendant.” (A — 2) “If you believe the evidence, there is no title shown ta the property in question on the part of the prosecuting witness at the…
1Opinion of the CourtPelham, J.
The appellant was tried and convicted for trespass after warning. The case was tried in the city court, before a jury, on 'an affidavit made before the clerk of the court by Lawson Mancil, charging the defendant with having trespassed on the premises of the affiant after having been warned within six months preceding not to do so.
Mancil and defendant were in possession of and owned adjoining lands; the defendant’s land lying west of Mancil’s. An “old line” had been recognized as the dividing line; but the defendant, Hendley, had the county surveyor make another survey, and by this sur*110vey the…
2Cases cited4 opinions
- Gunter v. StateSupreme Court of Alabama · 1895
- Washington v. StateSupreme Court of Alabama · 1894
- Watson v. StateSupreme Court of Alabama · 1879
- Brunson v. StateSupreme Court of Alabama · 1903