State v. . Pearman
Supreme Court of North Carolina
Forcible Trespass, tried before Buxton, J., at Fall Term,, 1866, of the Superior Court of Alleghany, upon the following case agreed: The force charged was in taking a barrel of blue-stone from the possession of one Aaron Phipps. The barrel had been left with Phipps by one Hines and a constable named Eives, Hines claiming that it was the property of himself and the defendants, and Eives Maiming that it belonged to a third party.
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Forcible Trespass, tried before Buxton, J., at Fall Term,, 1866, of the Superior Court of Alleghany, upon the following case agreed: The force charged was in taking a barrel of blue-stone from the possession of one Aaron Phipps. The barrel had been left with Phipps by one Hines and a constable named Eives, Hines claiming that it was the property of himself and the defendants, and Eives Maiming that it belonged to a third party. It was not to be given up till called for by Hines and Eives, and was locked in Phipps smoke-house-for safe keeping. After it had remained there a month, the…
1Opinion of the Court
Read®, J.
Forcible trespass on personal property is the taking by force the personal property of another in his presence. The forcible taking is the ingredient which distinguishes the offence. “ Putting in fear ” is not necessary. If it were, then one man’s guilt would depend upon another man’s nerve. Force is necessary to constitute the offense, because it tends to a breach of the peace; and this is done whether the owner is put in fear or not-; and the rather if he is not put in fear.
His Honor who tried the case was evidently of the opinion that, in order to the guilt of the defendants, the…
2Cited by8 opinions
- State v. DavenportSupreme Court of North Carolina · 1911
- State v. . DavenportSupreme Court of North Carolina · 1911
- Anthony v. Teachers Protective UnionSupreme Court of North Carolina · 1934
- State v. . LawsonSupreme Court of North Carolina · 1898
- State v. . GraySupreme Court of North Carolina · 1891
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