State v. . Lawson
Supreme Court of North Carolina
IndiotmeNT for Forcible Entry and Detainer, tried before Coble, J., at April Term, 1898, of Stoices Superior Court. The defendants with one William Collins were included in the indictment for Forcible Entry and Detain-er of the premises of the prosecutor. All the defendants pleaded not guilty — and Lawson and Collins pleaded, in addition, former acquittal.
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IndiotmeNT for Forcible Entry and Detainer, tried before Coble, J., at April Term, 1898, of Stoices Superior Court. The defendants with one William Collins were included in the indictment for Forcible Entry and Detain-er of the premises of the prosecutor. All the defendants pleaded not guilty — and Lawson and Collins pleaded, in addition, former acquittal. The Solicitor for the State admitted that this is the same transaction for which Lawson and Collins were indicted and tried at last term of the court under an indictment for forcible trespass and a verdict of not guilty rendered. These two…
1Opinion of the Court
Olakk, J.:
Cheatham, Lawson and Collins are indicted for forcible entry and detainer. Lawson and Collins pleaded former acquittal, as well as not guilty. The Solicitor admitted that they had been tried for for cible trespass at last term for this same transaction and acquitted. The Court erred in refusing the prayer of defendants, Lawson and Collins, to instruct the jury to sustain the plea of former acquittal as to them, though the jury cured this as to Collins by acquitting him. It is true the same act with an additional circumstance, may bean offence against two statutes (State v. Stevens,…
2Cases cited14 opinions
- State v. . NashSupreme Court of North Carolina · 1882
- State v. . StevensSupreme Court of North Carolina · 1894
- State v. . CutshallSupreme Court of North Carolina · 1891
- State v. WebsterSupreme Court of North Carolina · 1897
- State v. . RobinsonSupreme Court of North Carolina · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. . BellSupreme Court of North Carolina · 1933
- State v. Lytle.Supreme Court of North Carolina · 1905
- State v. . HookerSupreme Court of North Carolina · 1907
- State Ex Rel. Zirk v. MuntzingWest Virginia Supreme Court · 1961
- State v. . RobinsonSupreme Court of North Carolina · 1895
4 more not listed; retrieve them via the Exa API.