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Criminal Law keyed to Dripps
Bouie v. City of Columbia
Facts
Bouie (Defendant), a black college student, and a friend, entered a drug store restaurant and sat down at the counter, despite not being welcome at the restaurant. According to a South Carolina law, it was a misdemeanor for one to enter an owner’s land after notice from the owner that he or she is prohibited from entering. Defendant did not have notice that he was not welcome before entering the owner’s restaurant. Defendant was ordered to leave the restaurant and Defendant refused to do so. Due to this refusal, Defendant and his friend were arrested and charged with criminal trespass in violation of the South Carolina law. They were convicted and appealed. The South Carolina Supreme Court affirmed the state law, stating that the act of remaining on the premises of an owner after receiving notice to leave is still considered a violation of the state law. The United States Supreme Court granted certiorari.
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