60 Ala. 18 | Ala. | 1877
The statute under which the indictment is found reads as follows : “Any person who, without legal cause, or good excuse, enters into the dwelling-house, or on the premises of another, after having been warned, within six months preceding, not to do so, is guilty of a misdemeanor,” &c. — Code of 1876, § 4419. The evidence tended to show that, after warning, the defendant was seen in the pasture of the prosecutor, which was inclosed, but not cultivated, and was a mile, or a mile and a half, from the prosecutor’s dwelling-house. The instruction of the court to the jury was, that the pasture was embraced in the term “premises,” as employed in the statute; and the correctness of this instruction is the only question for consideration.