Legal Opinion

State v. . MacE

Supreme Court of North Carolina

Decided January 5, 1871PublishedCited by 2 opinions

Indictment for tearing down a dwelling house, under the Act in the Eevised Code, ch. 34, sec. 103, tried before his Honor, Judge Mitchell, at the Fall Term, 1870, of the Superior Court for the County of McDowell. The defendant was convicted and appealed from the judgment rendered against him. The facts are sufficiently stated in the opinion of the Court.

1Opinion of the CourtSettle, J.

This is an indictment under the 103rd section of the Eevised Code, and charges that the defendant “ unlawfully and wilfully did tear down, demolish, destroy, injure and deface a certain dwelling house, there situate, then and there occupied and used as the dwelling house of one Jane Lackey,” &c.

The material facts are (according to all the testimony both of the prosecution and defence) that one Godfrey had, sometime previously, leased the premises to Jane Lackey, and that her term had expired; further that Godfrey had leased the premises to the defendant Mace, to take possession on the…

2Cited by2 opinions

  1. State v. . MarshSupreme Court of North Carolina · 1884
  2. State v. BoyceSupreme Court of North Carolina · 1891

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