State v. . McCauless
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Surry County, at the Spring Term 1849, his Honor Judge Enins presiding. The indictment contains two counts ; one, for a forcible trespass into the house of the prosecutor; the other for an assault aftd battery* In March 1847, the prosecutor let the house and field to one Mitchell to make a crop.
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Appeal from the Superior Court of Law of Surry County, at the Spring Term 1849, his Honor Judge Enins presiding. The indictment contains two counts ; one, for a forcible trespass into the house of the prosecutor; the other for an assault aftd battery* In March 1847, the prosecutor let the house and field to one Mitchell to make a crop. Mitchell transferred his interest in the premises to Mrs. Mitchell,his mother, who took possession and lived in the house until November 1847, when she let the premises to the defendant Mc-Canless, for the balance of the year. The prosecutor, on the night…
1Opinion of the CourtPearson, J.
The gist of the offence of forcible trespass is a high handed invasion of the actual possession of another, he being present — title is not drawn in question. According to the evidence in this case, Mrs Mitchell Was, on the morning of the first of November, in possession of the house. The defendants entered with her permission tod acquired the possession from her, in the absence of the prosecutor, and, although he came afterwards and entered into the house, and the defendants there opposed his bringing in his household goods, it did not make them guilty of a forcible trespass. • It may be…
2Cited by11 opinions
- State v. . OxendineSupreme Court of North Carolina · 1924
- State v. DavenportSupreme Court of North Carolina · 1911
- State v. . DavenportSupreme Court of North Carolina · 1911
- State v. CookeSupreme Court of North Carolina · 1957
- Lovejoy v. StateCourt of Criminal Appeals of Texas · 1893
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