State v. . Benjamin Staton
Supreme Court of North Carolina
This was a motion in arrest of judgment made after conviction at Fall Term 1871, of the Superior Court of TransyL-vania county, His Honor, Judge Cloud presiding.
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This was a motion in arrest of judgment made after conviction at Fall Term 1871, of the Superior Court of TransyL-vania county, His Honor, Judge Cloud presiding. The indictment is in these words, viz : “ The jurors for the State upon their oath present that Benjamin Staton, late of the county of Transylvania, on the 10th day of October, 1868, with force and arms at and in the county iforesaid unlawfully and wilfully did abuse, weary* and injure tbe stock, to-wit: the hogs of one Isaac Heath, then and there being in the field of the said Benjamin Staton, the same not being surrounded by a…
1Opinion of the CourtDick, J.
The Statute, (Acts 1868 — ’69, chap. 253,) declares:
“ That it any person shall kill or abuse any horse, mule, cattle hog, sheep or neat cattle, the property oí another in an inclosure, not surrounded by a lawful fence, such person shall be., deemed guilty of a misdemeanor, <fce.
The indictment charges that the defendant Benjamin Staton “unlawfully and wilfully did abuse and injure the stock, viz : the hogs oi one Isaac Heath, then and there being in the field ¡of the said Benjamin Staton, the same not being surrounded by a lawful fence.” After a verdict of guilty, the defendant moved to arrest…
2Cited by2 opinions
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- State v. . LawsonSupreme Court of North Carolina · 1866