State v. . Lunsford
Supreme Court of North Carolina
INDICTMENT for False Imprisonment tried at Spring Term, 1879, of Macon Superior Court, before Gudger, J. The bill charged that the defendants, Wiley Lunsford, Leander Bateman and Nelson Rogers did make an assault upon one Robert Garrison, and him the said Garrison, unlawfully and injuriously, against his will, and against the laws of the state and without any legal warrant, authority,, or reasonable or justifiable cause whatsoever, did imprison and detain, &c.
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INDICTMENT for False Imprisonment tried at Spring Term, 1879, of Macon Superior Court, before Gudger, J. The bill charged that the defendants, Wiley Lunsford, Leander Bateman and Nelson Rogers did make an assault upon one Robert Garrison, and him the said Garrison, unlawfully and injuriously, against his will, and against the laws of the state and without any legal warrant, authority,, or reasonable or justifiable cause whatsoever, did imprison and detain, &c. The jury returned a special verdict finding the following facts: On the night of the ... day of., 1878, the defendants went to the…
1Opinion of the CourtAshe, J.
False imprisonment is the illegal restraint of the person of any one against his will. The common law was so jealous of the personal liberty of the citizen, that it was regarded as a heinous offence, and the infringement of this right in England under certain circumstances was visited with severe punishment. False imprisonment generally included an assault and battery, and always at least a technical assault; and hence the form of the indictment, which is for an assault and battery and false imprisonment; though there may be a false imprisonment without touching the person of the prosecutor,…
2Cited by11 opinions
- Fowler v. ValencourtSupreme Court of North Carolina · 1993
- State v. InglandSupreme Court of North Carolina · 1971
- Parrish v. Boysell Manufacturing Co.Supreme Court of North Carolina · 1936
- State v. DixSupreme Court of North Carolina · 1973
- Black v. Clark's Greensboro, Inc.Supreme Court of North Carolina · 1964
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