State v. Boyce
Supreme Court of North Carolina
CRIMINAL ACTION, tried at Spring Term, 1891, of Buree Superior Court, EoJte, J., presiding. The evidence tended to prove that in October of 1887 the prosecutrix leased to the defendant for the term of three years seven acres of land, “ indicated by certain natural points and objects” that fixed the limits thereof, the same being a part of a larger tract containing thirty-five acres, and he was expressly forbidden to cut any timber outside of' the||land leased to him.
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CRIMINAL ACTION, tried at Spring Term, 1891, of Buree Superior Court, EoJte, J., presiding. The evidence tended to prove that in October of 1887 the prosecutrix leased to the defendant for the term of three years seven acres of land, “ indicated by certain natural points and objects” that fixed the limits thereof, the same being a part of a larger tract containing thirty-five acres, and he was expressly forbidden to cut any timber outside of' the||land leased to him. The evidence further tended to prove that the prosecutrix claimed to have title to the land by virtue of a deed from her…
1Concurrence
Shepiíeed, J.
(concurring): On the trial the defendant offered to show that he acted under the authority of one Hemphill, and that the said Hemphill was the owner of the land upon which the alleged trespass was committed. The Court excluded this testimony except for the purpose of *747showing the good faith of the defendant, and the jury were instructed that they could only consider it in that view. The defendant was not satisfied to have his liberty endangered by what the jury might capriciously find upon the question of good faith, and insisted that he had the right to prove and rely upon the…
2Cases cited6 opinions
- Scott v. . ElkinsSupreme Court of North Carolina · 1880
- Barneycastle v. . WalkerSupreme Court of North Carolina · 1885
- State v. . PiperSupreme Court of North Carolina · 1883
- State v. . WhitenerSupreme Court of North Carolina · 1885
- Wilborn v. M. Whitfield's ExecutorsSupreme Court of Georgia · 1871
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