State v. . Love
Supreme Court of North Carolina
The defendant was indicted as follows : “The.jurors for the state upon their oath-present, that James R. Love, late of the county of Buncombe, on, &c., with force and arms, in the county aforesaid, one grey horse then and there being in the possession of one Abel B. Hyatt, then and there, with force and arms, and with a strong hand, did take out of the possession of him the said Abel B. Hyatt, and did lead away, against the peace, &c.”
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The defendant was indicted as follows : “The.jurors for the state upon their oath-present, that James R. Love, late of the county of Buncombe, on, &c., with force and arms, in the county aforesaid, one grey horse then and there being in the possession of one Abel B. Hyatt, then and there, with force and arms, and with a strong hand, did take out of the possession of him the said Abel B. Hyatt, and did lead away, against the peace, &c.” Upon the trial at Buncombe, on the last Circuit, before PeaRson, Judge, the case was, that the prosecutor had purchased the horse at an execution sale of the…
1Opinion of the Court
Ruffin, Chief Justice.
Although -we do not find it stated by writers on the criminal law, yet it has been decided in this,state in Trexler’s Case, 2 Car. Law Repos. 94, and other cases, that the forcible taking of chattels from the owner is per se indictable as a trespass, without laying an assault or other breach of the peace. The Court consequently held, in The State v. Mills, 2 Dev. 420, that an actual breach of the peace was not necessary to render suc*1 a tresPass a crime.' But we held at the same time, that to constitute it a public offence, it must appear to involve.a breach of the peace,…
2Cited by5 opinions
- Moses v. Southern Pacific RailroadOregon Supreme Court · 1890
- State v. BakerSupreme Court of North Carolina · 1949
- State v. . StinnettSupreme Court of North Carolina · 1933
- State v. . TrexlerSupreme Court of North Carolina · 1815
- State v. . McDowellSupreme Court of North Carolina · 1821