State v. . Eason
Supreme Court of North Carolina
Indictment, for Forcible Entry and Detainer, tried at the Fall Term, 1873, of G-ates Superior Court, before his Honor, Judge Albertson.
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Indictment, for Forcible Entry and Detainer, tried at the Fall Term, 1873, of G-ates Superior Court, before his Honor, Judge Albertson. The defendant, with five others, at Fall Term, 1871, were indicted for forcibly entering into a certain messuage and tract of land, containing two hundred and seventy-five acres, “ and being then and there in the peaceable possession of Elvy Russell,” &c., and “ then and there, with force and arms and with a strong hand, unlawfully, violently, forcibly and injuriously did expel, remove and put out the said Elvy Russell from the possession of the said messuage…
1Opinion of the Court
BvNum, J".
This ease is here on an appeal by the State, from the order of the Court below, quashing the indictment. The record shows that the case stood upon issues joined between the State and the defendants, when the motion to quash was made and allowed.
The books do not agree that this motion can be entertained, after plea pleaded, but the better opinion seems to be that it may be allowed, at the discretion of the Court, at any time before the verdict, but not after conviction, for then the proper motion is in arrest of judgment. Foster Cr. L., 261; 1 Bish. Crim. Prac.,sec. 447.
The single…
2Cases cited1 opinion
- Kane v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1831
3Cited by17 opinions
- State v. . ColeSupreme Court of North Carolina · 1932
- State v. Burnett.Supreme Court of North Carolina · 1906
- State v. . ChambersSupreme Court of North Carolina · 1885
- State v. . HarrisSupreme Court of North Carolina · 1890
- State v. . BallangeeSupreme Court of North Carolina · 1926
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