Legal Opinion

State v. . Marsh

Supreme Court of North Carolina

Decided October 5, 1884PublishedCited by 4 opinions

Indictment for removal of fence in violation of the provisions of the statute, tried at Spring Term, 1884, of Union Superior Court, before MacRae, J. Verdict of guilty, and the defendant appealed from the judgment pronounced.

1Opinion of the Court

.Smith, C. J.

The defendant is charged under section 1062 of The Code as it was in force early in the year 1883, with the unlawful and wilful removal of a fence around the cultivated field of one J. A. Richardson, and upon his trial was found quilty.

The exceptions taken by the defendant during the progress, of the trial before the jury are numerous, but are all referable to the exclusion, on objection from the state, of evidence offered to show that the fence displaced and torn down, was on land belonging to the defendant, and are resolved into the one inquiry as to its competeficy for such…

2Cases cited3 opinions

  1. State v. . HovisSupreme Court of North Carolina · 1877
  2. State v. . R. P. RosemanSupreme Court of North Carolina · 1872
  3. State v. . MacESupreme Court of North Carolina · 1871

3Cited by4 opinions

  1. State v. BakerSupreme Court of North Carolina · 1949
  2. State v. . FenderSupreme Court of North Carolina · 1899
  3. State v. . HowellSupreme Court of North Carolina · 1890
  4. State v. . TaylorSupreme Court of North Carolina · 1916

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