State v. . Watson
Supreme Court of North Carolina
Indictment for a misdemeanor tried at January Term, 1882, of Wake Superior Court, before Gilmer, J. The defendant was indicted for removing a fence contrary to the statute. Bat. Rev., ch. 32, § 93. The jury returned a special verdict as follows: On the 27th of March, 1881, the defendant without the consent of the prosecutor moved a certain fence, dividing the cultivated field of the prosecutor from the field of the defendant and his brother.
Read the full summary
Indictment for a misdemeanor tried at January Term, 1882, of Wake Superior Court, before Gilmer, J. The defendant was indicted for removing a fence contrary to the statute. Bat. Rev., ch. 32, § 93. The jury returned a special verdict as follows: On the 27th of March, 1881, the defendant without the consent of the prosecutor moved a certain fence, dividing the cultivated field of the prosecutor from the field of the defendant and his brother. The said fence was established four years ago by the prosecutor and one Montague (who has since conveyed his land to the defendant and his said brother)…
1Opinion of the CourtRuffin, J.
It being ascertained by the verdict that the fence, the removal of which gives rise to this prosecution, was altogether upon the defendant’s land, the case falls within the decisions made in State v. Mason, 13 Ired., 341, and State v. Williams, Busb., 197. In both of those cases, the indictment proceeded under this same statute, and the construction given to it by the court, is, that it was not intended to embrace a case of destruction of property by the owner thereof; but that to bring a case within it, the party accused must be shown to have been guilty of an actual trespass upon the…
2Cited by4 opinions
- Barber v. StateIndiana Supreme Court · 1927
- State v. . HowellSupreme Court of North Carolina · 1890
- State v. . ReynoldsSupreme Court of North Carolina · 1886
- State v. Jones.Supreme Court of North Carolina · 1901