Morrison v. State

• Decision Date: 21 May 1908
• Citation: 155 Ala. 115,46 So. 646
• Parties: MORRISON v. STATE.
• Court: Alabama Supreme Court

46 So. 646

155 Ala. 115

MORRISON v. STATE.

Supreme Court of Alabama

May 21, 1908

Appeal from City Court of Bessemer; William Jackson, Judge.

Joe Morrison was convicted of a trespass after warning, and he appeals. Affirmed.

See 44 So. 150.

The defendant was prosecuted for trespassing on the property of the Tennessee Coal, Iron & Railway Company at Johns, in Jefferson county, Ala. The evidence tended to show that Byers, who was the general superintendent of the company, and who had charge of its affairs, told Bennett, another agent of the company, to warn all objectionable persons not to trespass upon the premises of the company at that place, and that the defendant was so warned within six months prior to the prosecution. The defense was that he had gone to the place to collect a bill, and that the houses where he had gone were occupied by the tenants of the Tennessee Coal, Iron & Railway Company, and that part of the premises was occupied by the United States government as a post office.

The exceptions referred to in the opinion as 3, 4, 5, and 6 were as follows: The defendant was asked to state whether or not the open space in front of the post office and the row of houses where Tilton lived was or was not used by the public at will, and if there was not a show in the open space at the time defendant was arrested, and if there was not a flying-jenny or merry-go-round run in the open space in question for quite a while about or before the time the defendant was arrested, and if defendant did not know that there had been a show running there since his arrest.

The following charge was given at the request of the state "The court charges the jury that if you believe from the evidence beyond a reasonable doubt that the defendant was warned within six months before he was arrested not to go upon the property of the Tennessee Coal, Iron & Railway Company, and the defendant did then enter on said company's property without legal cause or good excuse to do so, then it is your duty to convict the defendant."

The following charges were refused to defendant: "(1) The court charges the jury that there is no evidence in this case of constructive possession of the property in question. So unless actual possession has been shown, you cannot convict. (2) The court charges the jury that before you can find the defendant guilty you must find that the Tennessee Coal, Iron & Railway Company was in the exclusive possession of the property claimed and alleged to have been trespassed upon. (3) The court further charges the jury that before you can find the defendant guilty you will have to find from the evidence that Mr. Byers was authorized by the Tennessee Coal Iron & Railway Company to order the defendant to keep off the company's property. (4) To authorize a conviction for a trespass after warning, the court charges the jury that it must be shown by the evidence that the warning was given by the party in possession, the lessee or tenant, in cases where the property has been rented, and not the landlord or owner. (5) The court charges the jury that before you can find this defendant guilty you must be satisfied from the evidence beyond a reasonable doubt that the Tennessee Coal, Iron &amp Railway Company at the time complained of was in possession of the land on which the trespass is alleged to have been committed; also that the defendant was warned within six months by some one authorized to give the warning not to trespass on the land on which the alleged trespass is supposed to have been committed; also that defendant had no legal cause or good excuse for going on the property in question. Unless you are so satisfied, you must acquit the...