Poole v. State

Court of Appeals of Georgia

Poole v. State

88 S.E. 411, 17 Ga. App. 738, 1916 Ga. App. LEXIS 892

CourtCourt of Appeals of Georgia

DecidedMarch 24, 1916

Docket6834

StatusPublished

This text of 88 S.E. 411 (Poole v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Poole v. State, 88 S.E. 411, 17 Ga. App. 738, 1916 Ga. App. LEXIS 892 (Ga. Ct. App. 1916).

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Opinion

Russell, C. J.

1. The charge of trespass connotes wilfulness in the act alleged to have been criminal, and it would be error not to instruct the jury that the passing over inclosed or cultivated lands of another, after being personally forbidden so to do by the person entitled to possession or by his agent, would not be a violation of law unless it was wilful. However, the instruction requested upon this point was sufficiently covered by the charge given; and the evidence authorized the conviction of the accused.

2. A house situated upon inclosed land is necessarily included within the inclosure, and comes within the provisions of the statute which makes it a misdemeanor to enter or pass over inclosed lands after being personally forbidden to do so by the person entitled to its possession, or by his authorized agent.

3. There was no error in overruling the motion for a new trial.

Judgment affirmed.

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Russell, C. J.

1. The charge of trespass connotes wilfulness in the act alleged to have been criminal, and it would be error not to instruct the jury that the passing over inclosed or cultivated lands of another, after being personally forbidden so to do by the person entitled to possession or by his agent, would not be a violation of law unless it was wilful. However, the instruction requested upon this point was sufficiently covered by the charge given; and the evidence authorized the conviction of the accused.

2. A house situated upon inclosed land is necessarily included within the inclosure, and comes within the provisions of the statute which makes it a misdemeanor to enter or pass over inclosed lands after being personally forbidden to do so by the person entitled to its possession, or by his authorized agent.

3. There was no error in overruling the motion for a new trial.

Judgment affirmed.

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Bluebook (online)

88 S.E. 411, 17 Ga. App. 738, 1916 Ga. App. LEXIS 892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poole-v-state-gactapp-1916.