Legal Opinion

Lewis v. State

Supreme Court of Georgia

Decided October 19, 1896PublishedCited by 8 opinions

Accusaiti'on of forcible (entry 'and detainer. Before Judge Norwood. City court of Savannah. July term, 1896.

1Opinion of the Court

Ltjmpkin, Justice.

1. The definition of “forcible entry” embraced in section 338 of our Penal Code is substantially the same 'as the definition of this offense at common law. Every trespass upon the premises of another is, in :a certain sense, forcible —that is, committed with “force and 'arms”; but it by no *693means follows that every such trespass is indictable'. In ■order to render a given entry “forcible” within the meaning of this word as used in the section cited, it would seem that it must he accompanied by some act of actual violence or terror directed towards 'the person in possession.…

2Cases cited5 opinions

  1. Commonwealth v. DudleyMassachusetts Supreme Judicial Court · 1813
  2. Steinlein v. HalsteadWisconsin Supreme Court · 1877
  3. Treat v. ForsythCalifornia Supreme Court · 1871
  4. Lissner v. StateSupreme Court of Georgia · 1890
  5. Blackwell v. StateSupreme Court of Georgia · 1885

3Cited by8 opinions

  1. Dilbert v. Hanover InsuranceMassachusetts Appeals Court · 2005
  2. State v. GalenCourt of Appeals of Washington · 1971
  3. Lewis v. StateSupreme Court of Georgia · 1897
  4. Williams v. StateSupreme Court of Georgia · 1904
  5. Griffin v. GriffinSupreme Court of Georgia · 1902

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