State v. . King
Supreme Court of North Carolina
This was an indiotment tried before O uud at Fall Term, 1875, of Stokes Superior Court. The indictment contained two counts: one for obtaining goods by false pretense, and the other for forcible trespass. Upon the trial the defendant moved the court to direct the Solicitor for the State to elect as to the count upon which the defendant should be tried. The motion was overruled by the court and the prisoner excepted.
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This was an indiotment tried before O uud at Fall Term, 1875, of Stokes Superior Court. The indictment contained two counts: one for obtaining goods by false pretense, and the other for forcible trespass. Upon the trial the defendant moved the court to direct the Solicitor for the State to elect as to the count upon which the defendant should be tried. The motion was overruled by the court and the prisoner excepted. The State introduced one Wilson, the prosecutor, as a witness, who testified that some time during the year 1875, the defendant came into his store, in the county of Stokes, and…
1Opinion of the CourtBynum, J.
This case is governed by tbe decisions In tbe State v. Ray, 1 Ired. 39, and tbe State v. Covington, 70 N. C., 71, where it is held, that to constitute a forcible trespass, there must be some demonstration of force, as distinguished from mere words, as by a display of weapons, or other outward signs of violence, or by numbers, which supply the place of force, and are equally calculated to intimidate or put in fear, as was tbe case _of tbe State v. Armfield, 5 Ired., 307, and State v. Pearman, Phil. 371, cited by the Attorney Gfen-eral. There was no such parade of force or numbers in our •case,…
2Cases cited2 opinions
- State v. . PhiferSupreme Court of North Carolina · 1871
- State v. . CovingtonSupreme Court of North Carolina · 1874
3Cited by4 opinions
- Anthony v. Teachers Protective UnionSupreme Court of North Carolina · 1934
- State v. . DixonSupreme Court of North Carolina · 1888
- State v. . GraySupreme Court of North Carolina · 1891
- State v. . HolmesSupreme Court of North Carolina · 1880