State v. . Armfield
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Davie County, at the Fall Term, 1844, his Honor Judge Manly presiding. The defendants were tried upon the following indictment, to wit: “Fall Team, 1843. “ The jurors for the State upon their oath present, that Mark D. Armfield, Martin Booe, and William H. Martin, all late of the said county, laborers, on the 8th cay of August, in the year aforesaid, with force and arms, and with a strong hand in said county, from and out of the…
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Appeal from the Superior Court of Law of Davie County, at the Fall Term, 1844, his Honor Judge Manly presiding. The defendants were tried upon the following indictment, to wit: “Fall Team, 1843. “ The jurors for the State upon their oath present, that Mark D. Armfield, Martin Booe, and William H. Martin, all late of the said county, laborers, on the 8th cay of August, in the year aforesaid, with force and arms, and with a strong hand in said county, from and out of the possession of one John Myers, a certain negro man named Baal, unlawfully, forcibly, violently, and with a strong hand, did…
1Opinion of the CourtDaniel, J.
First, the defendants moved in arrest of judgment, because the indictment did not charge that the taking of the slave was against the will of the prosecutor. It is true, that the indictment must contain an averment of some greater force being used by the defendants, than is expressed by the ordinary words vi et armis. But we think that the averments made in this indictment, that the defendants took the slave unlawfully, forcibly, and resolutely, and with a strong hand, from, and out of the possession of the prosecutor, (he, the said John Myers, then and there being personally present, and…
2Cited by8 opinions
- State v. . OxendineSupreme Court of North Carolina · 1924
- State v. . RobbinsSupreme Court of North Carolina · 1898
- State v. . LawsonSupreme Court of North Carolina · 1898
- State v. . GraySupreme Court of North Carolina · 1891
- State v. . DavisSupreme Court of North Carolina · 1891
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