State v. . Glenn
Supreme Court of North Carolina
INDICTMENT, under Section 1120 of The Code, for willful trespass on land after being forbidden, tried,, on appeal from a justice of the peace, before Btarbucic, Tlie defendant was convicted and appealed. The facts sufficiently appear in the opinion of Associate Justice Claee.
1Opinion of the Court
Clark, J.:
It was incumbent upon the State to prove that the defendant (indicted' under The Code, Sec. 1120,) had entered upon the land after being forbiddeu so to do. It devolved upon the defendant to show by way of defense that he entered under a license or a bona fide claim of right, since those are matters peculiarly within his knowledge. The license referred to is not a license from the owner,, as that is negatived by the allegation that the defendant was forbidden to enter, but it is the license from some justice,, mentioned in the proviso to Section 1120. This license,, likp the license…
2Cases cited5 opinions
- State v. . EmerySupreme Court of North Carolina · 1887
- State v. . BrysonSupreme Court of North Carolina · 1879
- State v. . CrawleySupreme Court of North Carolina · 1889
- State v. . MorrisonSupreme Court of North Carolina · 1831
- State v. FisherSupreme Court of North Carolina · 1891
3Cited by20 opinions
- Speas v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1924
- State v. Blackley.Supreme Court of North Carolina · 1905
- Meredith v. RailroadSupreme Court of North Carolina · 1905
- State v. . FalknerSupreme Court of North Carolina · 1921
- Boykin v. StateSupreme Court of Florida · 1898
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