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Bouie (defendant), an African American college student, and other individual, entered a drug store restaurant where they were not welcome and sat down at the counter. A South Carolina statute provided “Every entry upon the lands of another…after notice from the owner or tenant prohibiting such entry, shall be a misdemeanor and punished…” Bouie had not received any notice prior to entering the restaurant that they were prohibited from being there. Having refused to leave when ordered to do so, Bouie and the other were arrested and charged with criminal trespass under the South Carolina statute. They were convicted and the South Carolina Supreme Court affirmed and construed the state law to cover not only “the act of entry on the premises of another after receiving notice not to enter, but also the act of remaining on the premises of another after receiving notice to leave.” The U.S. Supreme Court granted certiorari to review.
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