Legal Opinion

State v. Birkhead

Court of Appeals of North Carolina

Decided September 2, 1980No. 7910SC1176PublishedCited by 2 opinions

1Opinion of the Court

ERWIN, Judge.

Defendants’ initial assignment of error is that the trial court erred in charging the jury that the only force required to constitute forcible entry would be the force necessary to remain on the premises after having been asked to leave. Under the *578facts as disclosed by the record, we find no prejudicial error in the charge.

To constitute the offense of forcible trespass, there must be a demonstration of force, as with weapons or multitude of people, so as to make a breach of the peace or directly tend to it, or be calculated to intimidate or put in fear. State v. Covington, 70…

2Cases cited9 opinions

  1. State v. ClyburnSupreme Court of North Carolina · 1958
  2. State v. . CovingtonSupreme Court of North Carolina · 1874
  3. State v. . EarpSupreme Court of North Carolina · 1928
  4. State v. . TyndallSupreme Court of North Carolina · 1926
  5. State v. . FisherSupreme Court of North Carolina · 1828

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3Cited by2 opinions

  1. State v. MarcoplosCourt of Appeals of North Carolina · 2002
  2. State v. MarcopolosCourt of Appeals of North Carolina · 2002

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