Legal Opinion

State v. Durham

Supreme Court of North Carolina

Decided September 15, 1897PublishedCited by 5 opinions

INDICTMENT under Section 1120 of The Code for entering upon land, after being forbidden, tried before Robinson, J., and a jury at May Term, 1897, of Vance Superior Court.

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INDICTMENT under Section 1120 of The Code for entering upon land, after being forbidden, tried before Robinson, J., and a jury at May Term, 1897, of Vance Superior Court. On the trial J. R. Young testified that he was the owner and in possession of the land, near Henderson, upon which the trespass was made; that he directed his tenant to notify defendant not to trespass on the-premises; that there was a fence composed of two or three strands of wire across that part of the land where the trespass was committed — put up in 1887 or .1888; that the fence was taken down and pushed to one side and…

1Opinion of the Court

Clark, J.:

Upon an indictment for entry upon land after being forbidden {Code, Section 1120) when the entry, after being forbidden b_y the partjr in possession, is shown or admitted the burden devolves upon the defendant to show that ho entered under a bona fide claim of right. It is not sufficient merely to testify that he believed he had a right to enter, for, if so, the Statute would be a nullity and incapable of enforcement, but he must show that he had reasonable ground for such belief. State v. Glenn, 118 N. C., 1194; State v. Bryson, 81 N. C., 595; State v. Crawley, 103 N. C., 353. If…

2Cases cited5 opinions

  1. State v. . GlennSupreme Court of North Carolina · 1896
  2. State v. . BrysonSupreme Court of North Carolina · 1879
  3. State v. . CrawleySupreme Court of North Carolina · 1889
  4. State v. FisherSupreme Court of North Carolina · 1891
  5. State v. . CallowaySupreme Court of North Carolina · 1896

3Cited by5 opinions

  1. State v. Wells.Supreme Court of North Carolina · 1906
  2. State v. . MallardSupreme Court of North Carolina · 1907
  3. State v. EdgertonCourt of Appeals of North Carolina · 1975
  4. State v. TravisWest Virginia Supreme Court · 1954
  5. State v. TravisWest Virginia Supreme Court · 1954

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