Legal Opinion

State v. . McCracken

Supreme Court of North Carolina

Decided February 5, 1896PublishedCited by 2 opinions

INDICTMENT, under Section 1062 of 'The Oode, tried before Fwart, J., and a jury, at January Term, 1896, of Hat-wood Criminal Court. The facts are stated in the opinion of Associate Justice Fueohes. The defendant was convicted and appealed.

1Opinion of the Court

Furches, J.:

This is an indictment, under Section 1062 of The Oode, for removing a fence. The evidence tends to show that the prosecutor Walker and the defendant McCracken were adjacent land-owners; that there was about to be a road located through their lands which would ruu near their dividing line ; that they agreed to have this line surveyed, and to put the road on the line, and to move their dividing fence to the road ; that they procured the count}7 surveyor, one Ledbetter, to survey and locate this line — having agreed upon the corner where the survey should commence. The survey was…

2Cases cited1 opinion

  1. State v. . HowellSupreme Court of North Carolina · 1890

3Cited by2 opinions

  1. Bowman v. United StatesDistrict Court, District of Columbia · 1920
  2. State v. Jones.Supreme Court of North Carolina · 1901

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