State v. . Laney
Supreme Court of North Carolina
Indictment for forcible trespass tried at Spring Term, 1882, of Union Superior Court, before Gudger, J. The charge made against the defendants, Laney and others, is, that with force and arms, violently, forcibly, and with a strong hand, they did break and enter the premises of one Gay, there situate and being in his possession, and he being then and there actually present and forbidding them so to do.
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Indictment for forcible trespass tried at Spring Term, 1882, of Union Superior Court, before Gudger, J. The charge made against the defendants, Laney and others, is, that with force and arms, violently, forcibly, and with a strong hand, they did break and enter the premises of one Gay, there situate and being in his possession, and he being then and there actually present and forbidding them so to do. The proof was that during year 1881, the prosecutor and the defendant, Laney, had cultivated distinct portions of a field surrounded by .a common enclosure — the prosecutor planting corn, and…
1Opinion of the CourtRuffin, J.
This court is of opinion that .the evidence offered does not support the charge of forcible trespass, and-that' the defendants were improperly convicted and sentenced.
To constitute that offence, the act complained of must be done presentí domino, and must involve a breach of the peace or tend thereto. The injury done to the prosecutor by the loss of his corn, the law will redress by a civil action. But before it can amount to a public wrong to be punished by indictment, there must be something done, at the tíme of the entry, to put the prosecutor in fear, or incite him to force either to…
2Cited by13 opinions
- State v. . OxendineSupreme Court of North Carolina · 1924
- State v. DavenportSupreme Court of North Carolina · 1911
- State v. . DavenportSupreme Court of North Carolina · 1911
- State v. CookeSupreme Court of North Carolina · 1957
- Saunders v. GilbertSupreme Court of North Carolina · 1911
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