State v. . Jacob Hanks
Supreme Court of North Carolina
This was an indictment for a forcible entry, tried before Mitchell, Judge, at Fall Term 1871, of Wilkes Superior Court. The case was, that the defendant, Hanks, had made au entry and procured a warrant to survey the land upon which the alleged trespass was committed. The warrant was placed in ilic bauds of the county surveyor who summoned and swore the defendant, Durham, and another as chain-carriers.
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This was an indictment for a forcible entry, tried before Mitchell, Judge, at Fall Term 1871, of Wilkes Superior Court. The case was, that the defendant, Hanks, had made au entry and procured a warrant to survey the land upon which the alleged trespass was committed. The warrant was placed in ilic bauds of the county surveyor who summoned and swore the defendant, Durham, and another as chain-carriers. The surveyor and the iwo defendants and the other chain-carrier, proceeded to survey tbe land and the trespass was in making the survey under the circumstances hereafter stated. The prosecutor…
1Opinion of the CourtHoyden, J.
His Honor was mistaken in supposing that the act of 1865-’66 was intended to cover such a case as' this. The act is entitled “an act to prevent wilful tresspasses on lands, and stealing any kind of property therefrom it was manifestly its object to keep off interlopers, and to subject them to indictment, if they invaded the possession after they had been forbidden.
The defendants in this case supposed that they were en gaged in the performance of a duty imposed upon them by law, they had no purpose or intent of doing any wrong to the prosecutor.
The defendant, Hanks, having made an entry and…
2Cited by11 opinions
- State v. CookeSupreme Court of North Carolina · 1957
- State v. BakerSupreme Court of North Carolina · 1949
- State v. . CrossetSupreme Court of North Carolina · 1879
- State v. . BrysonSupreme Court of North Carolina · 1879
- State v. . WinslowSupreme Court of North Carolina · 1886
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