Legal Opinion

Lissner v. State

Supreme Court of Georgia

Decided March 14, 1890PublishedCited by 4 opinions

Criminal law. Forcible entry and detainer. Charge of court. Evidence. Practice. Before Judge Atkinson. Glynn superior court. May term, 1889. Indictment for forcible entry. The evidence showed that on April 23, 1889, and for some time previously, Wallace was in possession of the premises described in the indictment, under lease from Kaisers. He had consented for defendant to erect and use a stable which immediately adjoined these premises.

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Criminal law. Forcible entry and detainer. Charge of court. Evidence. Practice. Before Judge Atkinson. Glynn superior court. May term, 1889. Indictment for forcible entry. The evidence showed that on April 23, 1889, and for some time previously, Wallace was in possession of the premises described in the indictment, under lease from Kaisers. He had consented for defendant to erect and use a stable which immediately adjoined these premises. From the stable a window or door opened on the same premises; across the inside of this opening defendant had nailed boards, and Wallace had nailed boards…

1Opinion of the Court

Bleckley, Chief Justice.

1. Though the grounds of the motion for a new trial are quite numerous, we think no substantial error was committed by the court, and that' the evidence was sufficient to warrant the verdict. That the possession of the premises was in Wallace, the prosecutor, and that Lissner, the accused, entered with a show of force and in opposition to the will of Wallace, cannot be doubted. Lissner went to the premises accompanied by two men, one of the latter carrying a hatchet. This hatchet Lissner took, and with it knocked off some slats which had been nailed across the door of…

2Cases cited2 opinions

  1. Chambers v. CollierSupreme Court of Georgia · 1848
  2. Minor v. DuncanSupreme Court of Georgia · 1875

3Cited by4 opinions

  1. Southern Railway Co. v. Lima Wood & Coal Co.Supreme Court of Virginia · 1931
  2. Lewis v. StateSupreme Court of Georgia · 1896
  3. Williams v. StateSupreme Court of Georgia · 1904
  4. Cate v. KnightCourt of Appeals of Georgia · 1912

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