Rayburn v. State, 300 S.E.2d 499 (Ga. 1983). · Go Syfert
Rayburn v. State, 300 S.E.2d 499 (Ga. 1983). Cases Citing This Book View Copy Cite
59 citation events (37 in the last 25 years) across 5 distinct courts.
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) Brown v. Gonzalez
S.D. Ga. · 2025 · confidence medium
The notice to leave must also “be reasonable under the circumstances, as well as sufficiently explicit to apprise the trespasser what property [she] is forbidden to enter.” Kopperud v. Mabry, 573 F. App’x 828, 831 (11th Cir. 2014) (quoting Rayburn v. State, 300 S.E.2d 499, 500 (Ga. 1983)). 4 Plaintiff cites the body camera footage and surveillance video in the complaint.
examined Cited as authority (rule) State v. Harper (3×) also: Cited "see"
Ga. · 2018 · confidence medium
While express notice can certainly qualify as explicit notice for purposes of OCGA § 16-7-21 (b) (2), nothing in our holding in Georgiacarry.Org, Inc. can be read as limiting or even addressing this Court's holding in Rayburn , supra, 250 Ga. at 657 (2), 300 S.E.2d 499 , that notice need only "be reasonable under the circumstances, as well as sufficiently explicit to apprise the trespasser what property he is forbidden to enter" for purposes of OCGA § 16-7-21 (b) (2).
examined Cited as authority (rule) State v. Harper (3×) also: Cited "see"
Ga. · 2018 · confidence medium
While express notice can certainly qualify as explicit notice for purposes of OCGA § 16-7-21 (b) (2), nothing in our holding in GeorgiaCarry.Org, Inc. can be read as limiting or even addressing this Court’s holding in Rayburn, supra, 250 Ga. at 657 (2), that notice need only “be reasonable under the circumstances, as well as sufficiently explicit to apprise the trespasser what property he is forbidden to enter” for purposes of OCGA § 16-7-21 (b) (2). 7 Decided February 19, 2018.
discussed Cited as authority (rule) Harper v. the State
Ga. Ct. App. · 2016 · confidence medium
Express notice is required because “[i]nherent in the *539 statute’s notice provision is a requirement that notice be reasonable under the circumstances, as well as sufficiently explicit to apprise the trespasser what property he is forbidden to enter.” Rayburn v. State, 250 Ga. 657, 657 (2) ( 300 SE2d 499 ) (1983) (emphasis supplied).
cited Cited as authority (rule) Robert Kopperud v. Dexter Mabry
11th Cir. · 2014 · confidence medium
“Notice is an essential element of the offense of criminal trespass.... ” Rayburn v. State, 250 Ga. 657 , 300 S.E.2d 499, 500 (1983).
discussed Cited as authority (rule) Sheehan v. State
Ga. Ct. App. · 2012 · confidence medium
Andrews and McFadden, JJ., concur. 1 OCGA § 16-7-21 (b) (2). 2 Alexander v. State, 264 Ga. App. 251 (1) ( 590 SE2d 233 ) (2003) (footnotes omitted). 3 Sheehan was accused of disorderly conduct, but the court granted a directed verdict as to that charge. 4 Rayburn v. State, 250 Ga. 657 (2) ( 300 SE2d 499 ) (1983) (notice is an essential element of the offense of criminal trespass, and must be proven by the state beyond a reasonable doubt at trial); Osborne v. State, 290 Ga. App. 188, 189 ( 665 SE2d 1 ) (2008); Scott v. State, 130 Ga. App. 75, 78 (3) ( 202 SE2d 201 ) (1973). 5 See Osborne, supr…
discussed Cited as authority (rule) Love v. State
Ga. Ct. App. · 2010 · confidence medium
“Inherent in the statute’s notice provision is a requirement that notice be reasonable under the circumstances, as well as sufficiently explicit to apprise the trespasser what property he is forbidden to enter.” (Emphasis supplied.) Rayburn, supra, 250 Ga. at 657 (2).
cited Cited as authority (rule) State v. Morehead
Ga. Ct. App. · 2007 · confidence medium
Rayburn, supra. Id. at 657 (2).
discussed Cited "see" Wood v. State (2×)
Ga. Ct. App. · 1997 · signal: see · confidence high
See Murphey v. State, [supra at 202].” Rayburn v. State, 250 Ga. 657 ( 300 SE2d 499 ) (1983); see also Patterson v. State, 210 Ga. App. 735, 737 (2) ( 437 SE2d 602 ) (1993); Wingfield v. State, 191 Ga. App. 800 ( 383 SE2d 180 ) (1989).
discussed Cited "see" Stockwell v. State (2×) also: Cited "see, e.g."
Ga. Ct. App. · 1990 · signal: see · confidence high
See Rayburn, supra at 657-658 (2) (prior admonition to “ ‘stay away from the bus station’ ” was sufficient to authorize a trespass conviction for entry into the main lobby of the bus terminal); Wingfield v. State, 191 Ga. App. 800 ( 383 SE2d 180 ) (1989) (prior warning not to return to complainant’s “property” held sufficient to authorize the appellant’s conviction for entering the driveway of the complainant’s residence).
discussed Cited "see" WLN v. State (2×)
Ga. Ct. App. · 1984 · signal: see · confidence high
See generally Rayburn v. State, 250 Ga. 657 ( 300 SE2d 499 ) (1983); State v. Raybon, 242 Ga. 858 ( 252 SE2d 417 ) (1979).
discussed Cited "see" W. L. N. v. State (2×)
Ga. Ct. App. · 1984 · signal: see · confidence high
See generally Rayburn v. State, 250 Ga. 657 ( 300 SE2d 499 ) (1983); State v. Raybon, 242 Ga. 858 ( 252 SE2d 417 ) (1979).
discussed Cited "see" W. L. N. v. State (2×)
Ga. Ct. App. · 1984 · signal: see · confidence high
See generally Rayburn v. State, 250 Ga. 657 ( 300 SE2d 499 ) (1983); State v. Raybon, 242 Ga. 858 ( 252 SE2d 417 ) (1979).
discussed Cited "see, e.g." Moon v. Brown (2×)
M.D. Ga. · 2013 · signal: see also · confidence low
See e.g., Patterson v. State, 274 Ga. 713, 715 , 559 S.E.2d 472 (2002) (arresting officer learned of prior warning based on information from the plaintiff and the property owner, and this warning was memorialized in a police report); United States v. Morris, 477 F.2d 657 (1973) (finding that officers had probable cause based on some of the officers’ prior personal observations of complaints and a briefing beforehand); see also Rayburn, 250 Ga. at 657 , 300 S.E.2d 499 (concluding arresting officer's prior notice, based on the officer’s personal warning not to return, was sufficient). .
Retrieving the full opinion text from the archive…
Rayburn
v.
the State
39356.
Supreme Court of Georgia.
Mar 1, 1983.
300 S.E.2d 499
R. Glen Galhaugh, for appellant., Hinson McAuliffe, Solicitor, Deborah S. Greene, James L. Webb, Assistant Solicitors, for appellee.
Smith.
Cited by 20 opinions  |  Published
Smith, Justice.

Elmer Rayburn appeals his conviction of criminal trespass in the State Court of Fulton County by a trial court sitting without a jury. He was charged with entering the downtown Atlanta Greyhound bus terminal after receiving a prior notice from an authorized representative of the owner that such entry was forbidden. On appeal Rayburn attacks the constitutionality of the criminal trespass statute and contends that the notice given him by Greyhound was inadequate. We affirm.

The evidence introduced at trial showed that the Greyhound bus terminal houses a snack bar, a Burger King restaurant, and passenger loading and unloading areas. On July 15,1982, Officer D. R. Scheib, a Greyhound security officer, observed appellant enter the main lobby of the bus terminal and walk toward the Burger King restaurant, which may only be entered by passing through the lobby area. The officer recognized appellant as a person who frequented the terminal and who had been warned repeatedly to stay out by Greyhound security personnel. According to Scheib, appellant was intoxicated. Scheib arrested appellant for criminal trespass. At trial, appellant admitted entering the bus terminal in spite of prior warnings and confrontations with security personnel, but contended that he entered the terminal that night solely for the legitimate purpose of buying a cup of coffee at the Burger King.

1. Appellant challenges the constitutionality of the criminal trespass statute, claiming that OCGA § 16-7-21 (b) (Code Ann. § 26-1503) is void for vagueness and violates due process. Identical arguments were made by appellant and rejected by this court in State v. Raybon, 242 Ga. 858 (252 SE2d 417) (1979), where we upheld the constitutionality of the statute. We see no reason to disturb that ruling, or to consider anew appellant’s contentions on this issue. Nor do we agree with appellant’s assertion that public policy requires that we reverse his conviction.

2. In his remaining enumeration of error, appellant argues that he was not given proper notice that he was forbidden to enter Greyhound property prior to his July 15, 1982 arrest. Notice is an essential element of the offense of criminal trespass, and must be proven by the state beyond a reasonable doubt at trial. See OCGA § 16-7-21 (b) (2) (Code Ann. § 26-1503). Inherent in the statute’s notice provision is a requirement that notice be reasonable under the circumstances, as well as sufficiently explicit to apprise the trespasser what property he is forbidden to enter. See Murphey v. State, 115 Ga. 201 (41 SE 685) (1902).

[*658] Decided March 1, 1983. R. Glen Galhaugh, for appellant. Hinson McAuliffe, Solicitor, Deborah S. Greene, James L. Webb, Assistant Solicitors, for appellee.

Here the arresting officer testified that he had personally told the appellant on numerous occasions to stay out of the bus terminal; that appellant frequented the terminal and was well known to security personnel there; that the officer had previously observed appellant loitering at the terminal and had in fact arrested him once for criminal trespass; and that in July 1981 he had given appellant a general warning to the effect that he would be arrested if he attempted to enter the terminal again. In addition, appellant himself acknowledged at trial that Greyhound employees had told him to “stay away from the bus station.” Under the circumstances of this case, we find that the notice forbidding appellant from entering Greyhound property was both adequate and reasonable.

Judgment affirmed.

All the Justices concur.