State v. . Davis
Supreme Court of North Carolina
INDICTMENT for forcible entry, tried before Graves, J., at Spring Term, 1891, of Tredell Superior Court. It is found by the special verdict that the prosecutor was in possession and daily use of a blacksmith shop; that he had come from his home that morning intending to work in the shop that day, and while standing at a mill, about one hundred yards from the shop the defendant Davis, with a crowbar, and the other four defendants, came down to a point halfway between the mill…
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INDICTMENT for forcible entry, tried before Graves, J., at Spring Term, 1891, of Tredell Superior Court. It is found by the special verdict that the prosecutor was in possession and daily use of a blacksmith shop; that he had come from his home that morning intending to work in the shop that day, and while standing at a mill, about one hundred yards from the shop the defendant Davis, with a crowbar, and the other four defendants, came down to a point halfway between the mill and the shop; that leaving the other defendants there, Davis approached the prosecutor and demanded the key of the…
1Opinion of the CourtClark, J.
after stating the facts : The question was discussed before us whether this was a case of forcible entry or forcible trespass. In State v. Jacobs, 94 N. C., 950, attention is called to the fact that forcible trespass applies to personal property and forcible entry to land, but the distinction has not always been adverted to, and it is not very material what the offence is called in argument if the indictment sufficiently charges a violation of the criminal law and it is proven by evidence. State v. Evans, 27 N. C., 603; State v. Dunn, at this term.
To constitute either offence, there must be…
2Cases cited15 opinions
- State v. . LaneySupreme Court of North Carolina · 1882
- State v. . CovingtonSupreme Court of North Carolina · 1874
- State v. . PollokSupreme Court of North Carolina · 1844
- State v. . EvansSupreme Court of North Carolina · 1845
- State v. . FisherSupreme Court of North Carolina · 1828
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3Cited by6 opinions
- State v. WebsterSupreme Court of North Carolina · 1897
- State v. . LawsonSupreme Court of North Carolina · 1898
- State v. . WoodwardSupreme Court of North Carolina · 1896
- State v. BirkheadCourt of Appeals of North Carolina · 1980
- State v. LearySupreme Court of North Carolina · 1904
1 more not listed; retrieve them via the Exa API.