State v. . Whitener
Supreme Court of North Carolina
This was an indictment, tried before Avery, Judge, at Spring Term, 1885, of Buree Superior Court. The defendant was charged with an injury to a house under section 1062 of The Code.
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This was an indictment, tried before Avery, Judge, at Spring Term, 1885, of Buree Superior Court. The defendant was charged with an injury to a house under section 1062 of The Code. It was in evidence for the State, and admitted by the defendant, that he had been a tenant from year to year of Mrs. M. R.' Caldwell, for four years prior to the first day of January, 1885, and that he removed the sash from the windows of the house occupied by him on the premises leased to him by her in December 1884. That the sash were fastened into the windows by a strip like that ordinarily used in fastening…
1Opinion of the CourtAshe, J.
(after stating the facts). There is error. The case of State v. Mason, 13 Ired., 341, is decisive of this case. It was there held that in an indictment, that under the statute of ÍSIC-Y, ch. 70, for injury to a dwelling house, of which a lessee, his time yet unexpired, has the actual possession, the indictment, if it can lie at all, must state the property to be in the lessee. But the act does not embrace the ease of destruction or damage to buildings, &c., by the owner himself, and in law the lessee is the owner, during the continuance of his term. The act of 1846-N, ch. 70, is substantially…
2Cited by3 opinions
- Parker v. ParkerSupreme Court of Iowa · 1897
- State v. . TaylorSupreme Court of North Carolina · 1916
- State v. BoyceSupreme Court of North Carolina · 1891