Gerald Johnson v. State Alabama

MERRILL, Justice. The defendant was convicted of the offense of trespass after warning in the Circuit Court of Talladega County.
He appealed to the Court of Appeals and that court reversed. The State sought our review by writ of certiorari, which we granted
on July 30, 1964. The defendant was charged with having refused to leave the First Wesleyan Methodist Church of Talladega
after being requested to do so under Tit. 14, § 426, Code 1940. The Court of Appeals reversed on the 'technical lack of proof of authority in the minister to order the visitors from the
church.' Where there is no dispute about the facts, we may examine the record for a more complete understanding of those features
of the record which have been treated in the opinion of the Court of Appeals. Helms v. State, 270 Ala. 603, 121 So.2d 106;
Southern Railway Co. v. Terry, 268 Ala. 510, 109 So.2d 919; Vardaman v. Benefit Ass'n of Railway Employees, 263 Ala. 236,
82 So.2d 272; Cranford v. National Surety Corporation, 231 Ala. 636, 166 So. 721; Hood v. State, 230 Ala. 343, 162 So. 543.
The facts are not in dispute here. The State called three witnesses; the pastor, a visitor to the church and Lieutenant Morris
of the Talladega Police Department. The defendant presented no evidence and there is no dispute about the facts in the evidence
or by the defendant who filed no brief in the Court of Appeals or in this court on application for writ of certiorari.