22 Ala. 15
Decided January 15, 1853
Supreme Court of Alabama · decided 1853-01-15
Tried before the Hon. Geo. D. Shortridg-e. The plaintiffs in error were indicted for an affray.
Cited in Anderson (1889)’s definition of “Place” · Black's (1910)’s definition of “Public”
Good law ✅— No negative treatment on recordhow we know
Decided 1853-01-15
Cited by 4 later decisions — most recently February 2013
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1We think the court below mistook the law, in both the charges given; for our opinion is, that a field surrounded by a forest, and one mile from any highway or other public place, does not lose its private character by the casual presence of three persons. Yet such is the effect of the ruling in the court below.
¶2Let the judgment be reversed, and the cause remanded.