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Criminal Law Keyed to LaFave
Bouie v. City of Columbia
Citation:
378 U.S. 347 (1964)Facts
On March 14, 1960, petitioners Bouie and Neal, African American college students, entered Eckerd’s Drug Store in Columbia, South Carolina, and sat down at the lunch counter reserved for white customers. The store had a policy of serving only white customers at the counter, though no sign indicated this policy. After they seated themselves, a store employee called the police and placed a “no trespassing” sign in the area. The store manager then asked the students to leave, and when they refused, they were arrested for criminal trespass. At the time, South Carolina’s criminal trespass statute prohibited “entry upon the lands of another… after notice prohibiting such entry.” The South Carolina Supreme Court affirmed their convictions by interpreting the statute to also prohibit the act of remaining on premises after being asked to leave, despite the statute’s explicit language about entry.
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