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BELL v. STATE

[No. 91, September Term, 1961.]

236 Md. 356 (1964)

204 A.2d 54

BELL, ET AL. v. STATE

Court of Appeals of Maryland.

Petition for rehearing filed November 23, 1964.

Granted December 7, 1964.

Judgments reversed April 9, 1965.

Attorney(s) appearing for the Case

James M. Nabrit, III and Tucker R. Dearing (on remand), with whom were Juanita Jackson Mitchell, Jack Greenberg, Charles L. Black, Jr., Leroy D. Clark and Ronald R. Davenport on the brief, for appellants.

Robert C. Murphy, Deputy Attorney General, (on remand), with whom were Thomas B. Finan, Attorney General and William J. O'Donnell, State's Attorney for Baltimore City, on the brief, for appellee.

The cause was argued on remand before HENDERSON, C.J., and HAMMOND, PRESCOTT, HORNEY, MARBURY, SYBERT and OPPENHEIMER, JJ.

HAMMOND, J., delivered the majority opinion of the Court. Oppenheimer, J., dissents. Dissenting opinion at page 369 infra.

The appellants were convicted in 1961 in the Criminal Court of Baltimore of violation of Code (1957), Art. 27, Sec. 577 (Trespass), which prohibits "wanton trespass upon the private land of others." They were civil rights demonstrators who sat in Hooper's restaurant in Baltimore, refusing to leave until the establishment departed from its...

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