State v. . Mason
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Stanly County, at the Spring Term, 1852, his Honor Judge Ellis presididing. The indictment is for defacing and injuring, a dwelling house of Joshua Hearnes, contrary to the statute.
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Appeal from the Superior Court of Law of Stanly County, at the Spring Term, 1852, his Honor Judge Ellis presididing. The indictment is for defacing and injuring, a dwelling house of Joshua Hearnes, contrary to the statute. The evidence was, that one Bowers leased the house from Hearnes for a time, and entered into possession ; and when the term was about to expire and Bowers to leave the premises, he took up the flooring plank to carry it away ; and. at his request the defendant assisted him, knowing that Bowers was the tenant of Ilearne. The counsel for the defendant moved the Court to…
1Opinion of the Court
Ruffin, C. J„
In indictments for injuries to property» it is necessary to lay the property truly, and a variance in that respect is fatal. And where the injury is alleged to be to a dwelling house, as in burglary or arson at common law, it is always laid as the dwelling house of a lessee, who is actually in possession, and not of the reversioner. For that reason this indictment could not be sustained, if any could; for, there is no ground, on which, under this statute, there could be a departure from the usual mode of laying the pioperty in the lessee and occupier. But, in truth, the facts…
2Cited by12 opinions
- State v. Gayton-BarbosaCourt of Appeals of North Carolina · 2009
- State v. CookeSupreme Court of North Carolina · 1957
- State v. HicksSupreme Court of North Carolina · 1950
- Marchese v. United StatesCourt of Appeals for the Fifth Circuit · 1942
- State v. WatsonSupreme Court of North Carolina · 1968
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