State v. . Talbot
Supreme Court of North Carolina
Indictment, tried before Gilmer, Judge, and a jury, at November Term, 1886, of Cumberland Superior Court. The defendants were tried and convicted upon an indictment charging them with a forcible entry upon the premises ■of the prosecutor, P. N. Talbot, he being present and forbidding the same.
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Indictment, tried before Gilmer, Judge, and a jury, at November Term, 1886, of Cumberland Superior Court. The defendants were tried and convicted upon an indictment charging them with a forcible entry upon the premises ■of the prosecutor, P. N. Talbot, he being present and forbidding the same. It was in evidence that the defendants and two others were found by the prosecutor at work clearing off a ditch, which divided his field from that of the defendant G-. T. Talbot, the latter, if not both defendants, being on the prosecutor's side, and using a grass blade or brier hook in removing the…
1Opinion of the Court
Suite, C. J.,
(after stating the facts). The only question presented is, do the facts sustain the charge ?
While the original entry, though so near the dwelling, was peaceful and without violence by one to whom the premises belonged, and in the absence of the prosecutor, yet the farther encroachment in pursuing him with menaces and abuse, even up to the yard gate, was in law sufficient to warrant the charge. It would have been scarcely more an ■entry for the defendants to have pursued the occupant into Ms yard, than it was by violence to push him up to its entrance ; and it was a fresh…
2Cases cited2 opinions
- State v. . LloydSupreme Court of North Carolina · 1881
- State v. . WidenhouseSupreme Court of North Carolina · 1874
3Cited by7 opinions
- State v. ClyburnSupreme Court of North Carolina · 1958
- City of Charleston v. MitchellSupreme Court of South Carolina · 1961
- State v. WebsterSupreme Court of North Carolina · 1897
- State v. . FlemingSupreme Court of North Carolina · 1927
- State v. . LawsonSupreme Court of North Carolina · 1887
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