State v. . Bordeaux
Supreme Court of North Carolina
INDICTMENT for a forcible trespass, tried before his Honor, Judge Bailey, on’the last'circuit, at New Hanover. The defendant and Daniel Bordeaux were not on friendly terms. The defendant came to the dwelling house of Daniel Bordeaux in a wagon or carriage, with a shot gun in the carriage, and a five barrel revolver about his person, each barrel being loaded.
Read the full summary
INDICTMENT for a forcible trespass, tried before his Honor, Judge Bailey, on’the last'circuit, at New Hanover. The defendant and Daniel Bordeaux were not on friendly terms. The defendant came to the dwelling house of Daniel Bordeaux in a wagon or carriage, with a shot gun in the carriage, and a five barrel revolver about his person, each barrel being loaded. He left his-carriage at the gate, with the gun in it, and as he proceeded to the house he met J. W. "Wag-staff, who went with defendant, into the house. The door, at which they first entered, opened into the sitting room: Daniel, the…
1Opinion of the Court
Battle J.
The testimony given on the trial, fully justified the charge of his Honor .to the jury, and we can discover nothing in it, of which the defendant has a right to complain. The unfriendly feelings which had previously existed between him and the owner of the house, his rude behavior when he first entered, to say nothing of his being armed with deadly weapons, and the violent manner in which he entered the second time," clearly made out a case of forcible trespass. It was not necessary that the owner should, in words, have forbidden the entry, if his acts were sufficient, as we think…
2Cited by1 opinion
- Riddle v. . RiddleSupreme Court of North Carolina · 1918