State v. . Padgett
Supreme Court of North Carolina
Indictment for Removing a Fence tried at Fall Term, 1879, of Rutherford Superior Court, before Buxton, J. From the ruling of the court below, Montgomery, solicitor for the state, appealed.
1Opinion of the CourtSmith, C. J.
The defendant is indicted for violating the act of 1846, in removing a fence around and enclosing the cultivated field of Henry Hodge and Oliver Hicks. Bat. Rev., ch. 32, § 92. The jury returned a verdict of guilty, subject, as the record sets out, to the opinion of the court upon a case agreed, the facts of which are as follows:
It is agreed that Henry Hodge and Oliver Hicks, the alleged owners of the land, claimed under a grant from the state in 1875, and that two months before the bill was found, they had cleared and fenced and burned off a half acre, intending to break it up and sow…
2Cases cited4 opinions
- State v. . BaileySupreme Court of North Carolina · 1871
- State v. . KeeterSupreme Court of North Carolina · 1879
- State v. . LaneSupreme Court of North Carolina · 1878
- State v. . JonesSupreme Court of North Carolina · 1878
3Cited by4 opinions
- State v. . DivineSupreme Court of North Carolina · 1887
- State v. . MooreSupreme Court of North Carolina · 1881
- State v. . SwepsonSupreme Court of North Carolina · 1880
- State v. CurleyCourt of Criminal Appeals of Oklahoma · 1916