State v. . Whitaker
Supreme Court of North Carolina
Warrant for- trespass- on land heard on appeal- at Pall Term, 1881, of Henberson Superior Court, before McKoy, Jl This was a criminal action against the defendant, tried before a justice of the peace in the county of Henderson,, upon the folio-wing warrant:: “Information having been-made ta me, the undersigned justice of the peace for said-county, by the oath of James Bowen, setting forth that sometime during the month of March, 1880, in this county, Solomon Whitaker entered…
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Warrant for- trespass- on land heard on appeal- at Pall Term, 1881, of Henberson Superior Court, before McKoy, Jl This was a criminal action against the defendant, tried before a justice of the peace in the county of Henderson,, upon the folio-wing warrant:: “Information having been-made ta me, the undersigned justice of the peace for said-county, by the oath of James Bowen, setting forth that sometime during the month of March, 1880, in this county, Solomon Whitaker entered on bis premises without a license therefor, after being forbidden by the said James Bowen so-to enter, against the laws…
1Opinion of the CourtAshe, J.
There is no bill of exceptions or statement of the case, as there should be, sent with the transcript, but in looking into the record we presume the judgment was arrested, upon the ground of a defect in the warrant, in not charging the act to have been wnlawfully and wilfully done. The act under which the defendant was warranted, reads': “ No person, after being forbidden to do so, shall enter on the premises of another without a license therefor; and if any person after being thus forbidden shall so enter, he shall be guilty of a misdemeanor.” Bat. Rev., ch. 32, § 116.
As a general rule, it…
2Cases cited2 opinions
- State v. . ParkerSupreme Court of North Carolina · 1879
- State v. . SimpsonSupreme Court of North Carolina · 1875
3Cited by2 opinions
- State v. . KirklandSupreme Court of North Carolina · 1919
- Jordan v. StateMississippi Supreme Court · 1905