Chappell v. State

• Decision Date: 21 January 1889
• Citation: 86 Ala. 54,5 So. 419
• Parties: CHAPPELL v. STATE.
• Court: Alabama Supreme Court

5 So. 419

86 Ala. 54

CHAPPELL v. STATE.

Supreme Court of Alabama

January 21, 1889

Appeal from county court, Macon county; W. H. HART, Judge.

Dump Chappell, convicted of trespass after warning, appeals.

T N. McClellan, Atty. Gen., for the State.

CLOPTON J.

The defendant was convicted of trespass after warning. After having proved that notice not to enter the premises of the prosecutor was given the defendant in September, 1887, and that he entered the premises a month or two thereafter, the prosecution was permitted to prove, against the objection of the defendant, that he entered on the premises a second time in March, 1888. The prosecution was commenced February 20 1888. The offense declared by the statute consists of an entry on the premises of another, without legal cause or good excuse, after having been warned within six months next preceding. Code 1886, § 3874. One wrongful entry within six months after warning completes the offense. When the warrant or indictment includes but one offense, and the state offers evidence of a trespass, so as to particularize and identify it, an election is made to prosecute for that particular offense, and other distinct acts cannot be proved as ground of conviction. It will be inferred that the warrant refers to the offense of which proof is first offered, and the election is compelled, in order to prevent the defendant being prejudiced by evidence of other offenses, for which he is not really...