State v. . Armfield
Supreme Court of North Carolina
From Surry. This was an indictment for a forcible trespass in breaking and entering the dwelling-house of one William Patterson, and the case presénted the following facts. Tlie Defendant Wright was a Constable, and had in his hands writs ofagainst the property of William Patterson, at the suit of the other Defendant, Armfield.
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From Surry. This was an indictment for a forcible trespass in breaking and entering the dwelling-house of one William Patterson, and the case presénted the following facts. Tlie Defendant Wright was a Constable, and had in his hands writs ofagainst the property of William Patterson, at the suit of the other Defendant, Armfield. Wright, accompanied by Armfield, went towards the house of Patterson, for the purpose of making a levy, when a member of the family of Patterson, seeing their approach, jumped into the house, and for the purpose of preventing the entrance of the Defendants, attempted…
1Opinion of the Court
Taylor, Chief-Justice
I am of opinion that the: charge of the Court was correct in this case, and that the Defendant was properly convicted. The law is dearly settled, that an officer cannot jad,ify the breaking open an outward door or window, in order to execute process in a civil suit j if he doth, he is a trespasser. A man's house is deemed his castle, for safety and repose to himself and family j but the prelection thus afforded would he imperfect and illusive, if a man were deprived, of the right of shutting his own door when he sees an. officer approaching to execute civil process. If…
2Cited by4 opinions
- State v. . WhitakerSupreme Court of North Carolina · 1890
- Red House Furniture Co. v. SmithSupreme Court of North Carolina · 1984
- Red House Furniture Co. v. SmithCourt of Appeals of North Carolina · 1983
- State v. PopeWashington Supreme Court · 1940