State v. . Bryson
Supreme Court of North Carolina
Indictment for a Misdemeanor under Bat. Rev., ch. -32, § 116, tried at Spring Term, 1879, of Jackson -Superior Court, before Qudger, J. The bill charged the defendant with entering upon the land of E. C. Chastain, after being forbidden to do so.
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Indictment for a Misdemeanor under Bat. Rev., ch. -32, § 116, tried at Spring Term, 1879, of Jackson -Superior Court, before Qudger, J. The bill charged the defendant with entering upon the land of E. C. Chastain, after being forbidden to do so. The evidence was that The defendant in the summer of 1877» was cultivating the land of Nathan Coward, which adjoined the lands of Chastain, the prosecuting witness, and that he was in the habit of going through a part of witness’ farm to get to Coward’s land, and continued doing so after being forbidden by Chastian. On cross-examination the witness…
1Opinion of the CourtDillard, J.
This was an indictment against the defendant under chapter 32, section 116, of Battle’s Revisal, for entering and passing through a field of one Chastain, the prosecutor, after being forbidden to do so.
To constitute the offence intended to be punished by the statute under which the bill of indictment was framed, there must be an entry on land after being forbidden; and such entry must be wilful, and not from ignorance, accident, or under a bona fide claim of right or,license. State v. Hanks, 66 N. C., 612; State v. Ellen, 68 N. C., 281; State v. Hause, 71 N. C., 518.
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2Cases cited3 opinions
- State v. . EllenSupreme Court of North Carolina · 1873
- State v. . Jacob HanksSupreme Court of North Carolina · 1872
- State v. . HauseSupreme Court of North Carolina · 1874
3Cited by14 opinions
- State v. . GlennSupreme Court of North Carolina · 1896
- State v. BakerSupreme Court of North Carolina · 1949
- State v. AventSupreme Court of North Carolina · 1961
- State v. . WinslowSupreme Court of North Carolina · 1886
- State v. . CrawleySupreme Court of North Carolina · 1889
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