State v. . Roberts
Supreme Court of North Carolina
This is a CRIMINAL action, which was tried before Merrimon, J., at June Term, 1888, of Durham Superior Court. The indictment charges that the defendant “ did, on the 5th day of April, 1888, unlawfully and wilfully pull down, injure and remove a part of a fence surrounding and about a cultivated field of Zachary Dickey,” &c.
Read the full summary
This is a CRIMINAL action, which was tried before Merrimon, J., at June Term, 1888, of Durham Superior Court. The indictment charges that the defendant “ did, on the 5th day of April, 1888, unlawfully and wilfully pull down, injure and remove a part of a fence surrounding and about a cultivated field of Zachary Dickey,” &c. The jurors find the following special verdict: “ That in said county, on the first day of April, 188S, Zachary Dickey, the prosecuting witness, being in the actual possession of the land, erected along the side of a private or neighborhood road, which ran between his land…
1Opinion of the CourtDavis, J.
(after stating the case.) Section 1062 of The Code, under which the defendant is indicted, declares that “ if any person shall * * *• * unlawfully and wilfully burn, destroy, pull down, injure or remove any fence, wall, or other enclosure, or any part thereof, surrounding or about any yard, garden, cultivated field or pasture * * * * every person so offending shall be guilty of a misdemeanor.”'
The defendant is charged in the indictment with injuring and removing “a part of a fence surrounding and about a cultivated field,” &c. Was the fence described in the special verdict “surrounding or…
2Cited by1 opinion
- State v. . BiggersSupreme Court of North Carolina · 1891