State v. . Hunter
Supreme Court of North Carolina
INDICTMENT for releasing impounded stock, tried before ■Coble, e/1, and a jury, at the September Term, 1895, of "Waice Superior Court, on appeal from the judgment rendered against the defendant in the court of a justice of the peace.
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INDICTMENT for releasing impounded stock, tried before ■Coble, e/1, and a jury, at the September Term, 1895, of "Waice Superior Court, on appeal from the judgment rendered against the defendant in the court of a justice of the peace. There was evidence showing that certain hogs, the property of the defendant, Sofronia Hunter, escaped from the enclosure or pen in which they were confined, without the knowledge of the defendant, and when the defendant discovered it, she, with the assistance of two other women,, who were at her house at the time, endeavored to get them-back into the pen, but…
1Opinion of the Court
Faircloth, C. J.:
The defendant is indicted for releasing impounded stock under The Code, Sec. 2819. It is a misdemeanor to allow stock to go at large in stock-law territory. Code, Sec. 2811. Stock found at large may be impounded. Code, Sec. 2816. It is a misdemeanor to release impounded stock. Code, Sec. 2819. Assuming the evidence to be as it appears in the'printed record, we are of opinion that the defendant is not guilty. ¥e see no error in the judge’s charge in a case for the jury, but we put our decision on the principle that the evidence is not sufficient to authorize a conviction. ¥e…
2Cited by2 opinions
- Kirkpatrick v. . CrutchfieldSupreme Court of North Carolina · 1919
- Tate v. . FisherSupreme Court of North Carolina · 1891