Legal Opinion

State v. . McAdden

Supreme Court of North Carolina

Decided June 5, 1874PublishedCited by 9 opinions

INDICTMENT, forcible trespass, tried before Waits, t/1, at Spring Term, 1874, of Granville Superior Court. On the trial below the jury found substantially the following facts : The prosecutor had in his possession and claimed a certain cow, when the defendants came to his hotise and McAdden claimed the cow to be his prooerty, asserting his purpose to-' take possession.

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INDICTMENT, forcible trespass, tried before Waits, t/1, at Spring Term, 1874, of Granville Superior Court. On the trial below the jury found substantially the following facts : The prosecutor had in his possession and claimed a certain cow, when the defendants came to his hotise and McAdden claimed the cow to be his prooerty, asserting his purpose to-' take possession. Prosecutor insisted that the cow was his, saying that he had obtained her of one West, and could prove by West’ that the cow was his property, and1 if the defendants would wait awhile be would go over to "West’s, who lived near…

1Opinion of the CourtRea.de, J.

There were two of the defendants, and so fur as appears, the prosecutor was alone. The force was therefore overpowering, supposing there was nothing to render it so but numbers;, but it is stated that the prosecutor was a colored man, and as it is not stated that the defendants are colored, we assume that they are white, and we know that the feeling, of snbj ection of the colored to the white race was calculated to add to the force of numbers. And the fact that the prosecutor did not offer resistance, although he strenuously insisted upon his right to the cow, and followed the defendants,,…

2Cited by9 opinions

  1. State v. . OxendineSupreme Court of North Carolina · 1924
  2. State v. WebsterSupreme Court of North Carolina · 1897
  3. State v. . StinnettSupreme Court of North Carolina · 1933
  4. State v. . RobbinsSupreme Court of North Carolina · 1898
  5. State v. . LawsonSupreme Court of North Carolina · 1898

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