State v. Leary
Supreme Court of North Carolina
INDICTMENT against A. J. Leary, beard by Judge G. S. Ferguson and a jury, at Spring Term, 1904, of the Superior Court of Pamlico County. Erom a verdict of guilty and judgment thereon the defendant appealed.
1Opinion of the CourtClark, C. J.
The defendant was indicted for forcible entry and detainer (The Code, sec. 1028), which differs from forcible trespass in that the entry is committed in the absence of the person claiming possession (State v. Laney, 87 N. C., 535), the gist being the forcible entry as well as withholding possession by the strong hand after the return of the party who was in possession. There must be some force or violence in the entry in excess of a simple trespass (State v. Pollok, 26 N. C., 305, 42 Am. Dec., 140; State v. Jacobs, 94 N. C., 950), and that was not shown by the prosecutrix, whose testimony is…
2Cases cited7 opinions
- State v. . LaneySupreme Court of North Carolina · 1882
- State v. . McCaulessSupreme Court of North Carolina · 1849
- State v. . PollokSupreme Court of North Carolina · 1844
- State v. . HinsonSupreme Court of North Carolina · 1880
- State v. . DavisSupreme Court of North Carolina · 1891
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3Cited by1 opinion
- Spinks v. TaylorCourt of Appeals of North Carolina · 1980