State v. . Buckner
Supreme Court of North Carolina
Forcible Trespass, tried before Buxton J., at Fall Term 1867 of the Superior Court of Buncombe. The indictment charged that the defendants “with force and arms in and upon a certain piece of land of A. G. Anderson, (the prosecutor) situate in said county, unlawfully, violently, forcibly, injuriously, and with a strong hand did enter, the said A. G. Anderson being then and there present upon the said land” &c., “to the great damage of the said A. G. Anderson and against the…
Read the full summary
Forcible Trespass, tried before Buxton J., at Fall Term 1867 of the Superior Court of Buncombe. The indictment charged that the defendants “with force and arms in and upon a certain piece of land of A. G. Anderson, (the prosecutor) situate in said county, unlawfully, violently, forcibly, injuriously, and with a strong hand did enter, the said A. G. Anderson being then and there present upon the said land” &c., “to the great damage of the said A. G. Anderson and against the peace and dignity of the State.” Upon the trial it appeared that the defendants had entered a lane which ran in front of…
1Opinion of the Court
Reade J.
The indictment charges that the defendant entered the premises with a strong hand the prosecutor being then and there present. That is a sufficient chai’ging of the forcible trespass.
The question remains whether the facts proved sustain the charge.
There were three of the defendants. They were armed with a rock, a stick, a cowhide and a pistol. They were violent in manner and threatening in language, demanding of the prosecutor to come out and take a whipping, and leave the neighborhood. This was at his gate, and within forty feet of his house. If this was not calculated to alarm the…
2Cited by6 opinions
- Saunders v. GilbertSupreme Court of North Carolina · 1911
- Hart v. JonesAlabama Court of Appeals · 1915
- Saunders v. . GilbertSupreme Court of North Carolina · 1911
- State v. . NewburySupreme Court of North Carolina · 1898
- MacDonough Point Corp. v. FieldSupreme Court of Vermont · 1937
1 more not listed; retrieve them via the Exa API.