State v. . Barefoot
Supreme Court of North Carolina
INDICTMENT for forcible trespass tried at Spriug Term, 1883, of Columbus Superior Court, before MacRae, J. The indictment is against three defendants, and in substance as follows: The jurors, &c., present that defendants unlawfully, forcibly, &c., and with a strong hand, did take and carry away, out of the actual possession of J. F. Rushing, a certain hog, against the will of said Rushing, and D. C. Rushing, wife of said J. P. Rushing, the said J. F. Rushing being then and…
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INDICTMENT for forcible trespass tried at Spriug Term, 1883, of Columbus Superior Court, before MacRae, J. The indictment is against three defendants, and in substance as follows: The jurors, &c., present that defendants unlawfully, forcibly, &c., and with a strong hand, did take and carry away, out of the actual possession of J. F. Rushing, a certain hog, against the will of said Rushing, and D. C. Rushing, wife of said J. P. Rushing, the said J. F. Rushing being then and there personally present, forbidding the said defendants so to do, to the great damages, &c. The facts are stated in the…
1Opinion of the CourtSmith, C. J.
The bill of indictment charges the defendants with the forcible seizure and removal of a hog, in possession of the prosecutor, and against his will, he, with his wife, being personally present and forbidding the same.
The prosecutor’s testimony, in conflict with that of two of the defendants, examined on their own behalf, was, in substance, that he met the three defendants in a cart going towards his premises, about one hundred yards distant therefrom, wheu one of them mentioned that he had a warrant to take the hog, which, at the instance of the witness, was read over to him, but in a manner…
2Cited by4 opinions
- State v. . OxendineSupreme Court of North Carolina · 1924
- McKee v. . AngelSupreme Court of North Carolina · 1884
- State v. . GraySupreme Court of North Carolina · 1891
- State v. JonesSupreme Court of North Carolina · 1915