State v. . McMinn
Supreme Court of North Carolina
INDICTMENT for removing a Pence under Bat. Rev., ch. 32, § 93, tried at Spring Term, 1879, of Henderson Superior Court, before Gudger, J. The bill of indictment charged that the defendant did wilfully and unlawfully pull down, injure and remove a fence surrounding a cultivated field. The facts and exceptions to the charge of the court are sufficiently set out in the opinion. Verdict of guilty, judgment, appeal by defendant. (See State v. Ilovis, 76 N. C., 117.)
1Opinion of the CourtAshe, J.
This case comes before this court upon exceptions to the ruling of the court below, upon special instructions asked by defendant, and to the charge of His Honor to the jury. The indictment is for the removal of a fence surrounding a cultivated field. The land enclosed by the fence removed was a lot in the town of Hendersonville, which had been cultivated the year preceding that in which the alleged offence was committed, and was prevented from being cultivated in the latter year by the removal of the fence. The rails of which the fence in question or some part thereof was built, had been…
2Cases cited1 opinion
- State v. . HovisSupreme Court of North Carolina · 1877
3Cited by2 opinions
- Combs v. County CommissionersSupreme Court of North Carolina · 1915
- State v. . CornettSupreme Court of North Carolina · 1930