Legal Opinion

State v. . Whitehurst

Supreme Court of North Carolina

Decided January 5, 1874PublishedCited by 6 opinions

CniMiNAs, actioN, (Misdemeanor, Bat. Rev. chap. 32, see. 116,) tried before his Honor, Judge Moore, at the Fall Term, 1878, of Fitt Superior Court. The defendant was brought to answer the following indictment : “The jurors for the State, upon their oath present, that Benj.

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CniMiNAs, actioN, (Misdemeanor, Bat. Rev. chap. 32, see. 116,) tried before his Honor, Judge Moore, at the Fall Term, 1878, of Fitt Superior Court. The defendant was brought to answer the following indictment : “The jurors for the State, upon their oath present, that Benj. N. Whitehurst, late of the County of Pitt, on the 9th day of October, 1872, with force and arms at and in the said County of P-itt, unlawfully did enter upon the premises -of H. W. Martin and Edward Yellowly., there situate,; He., the said Benj. N. Whitehurst, having been forbidden by the said EL. W. Martin, to enter on…

1Opinion of the CourtSettle, J.

“No person, after being forbidden, to-do- so, shall enter on the premises of another without a license therefor and if any person after being thus forbidden, shall so enter, he-shall bo deemed guilty of a misdemeanor.” Acts 1866., ch. 60.,

There is a further clause which declares that if any person not being the present owner or bona fide claimant of such premises shall wilfully and unlawfully enter thereon, and carry off, any wood, &c., he shall, if the act be done with felonious intent, be deemed guilty of larceny, &c.

And there is a proviso, by which a person may obtain, a license to make…

2Cited by6 opinions

  1. State v. CookeSupreme Court of North Carolina · 1957
  2. State v. BakerSupreme Court of North Carolina · 1949
  3. State v. . YellowdaySupreme Court of North Carolina · 1910
  4. State v. . HauseSupreme Court of North Carolina · 1874
  5. State v. YellowdaySupreme Court of North Carolina · 1910

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