Legal Opinion

State v. . Flowers

Supreme Court of North Carolina

Decided January 5, 1813PublishedCited by 6 opinions

From Chatham, The Defendant was Indicted for a trespass. The jury found them guilty subject to the opinion of the Court on. the following case. “ On the 16th day of November 1810, a negro woman the property of Wright Kirby, had taken some clothes to wash at a creek running through the land of the Defen - dant, Green Flowers.

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From Chatham, The Defendant was Indicted for a trespass. The jury found them guilty subject to the opinion of the Court on. the following case. “ On the 16th day of November 1810, a negro woman the property of Wright Kirby, had taken some clothes to wash at a creek running through the land of the Defen - dant, Green Flowers. The place where she went to wash, was distant from the house of Kirby about a quarter of a mile, and within the lines and on the land of the Defendant, Flowers. In the evening, a negro girl named Nan, then in possession of Wright Kirby,, was sent !>j Mrs. Kirby, io assist…

1Opinion of the CourtLocks, Judge

The principle has long been settled* that an indictment for a trespass in taking property; caii be supported only in those instances where the act of taking has b'eefi accompanied with force, or where-it is done manuforti. The evidence disclosed to support this indictment, stated that the negro charged to have been taken, was found ori 1 he land of the Defendant Flowers j that be took her from the place where she was employed in the service of her master or mistress, distant about a quarter of a mile from her master’s house j that the mistress having understood it, pursued-the Defendants in…

2Cited by6 opinions

  1. State v. BakerSupreme Court of North Carolina · 1949
  2. Hunt v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1907
  3. State v. . LawsonSupreme Court of North Carolina · 1898
  4. State v. . TrexlerSupreme Court of North Carolina · 1815
  5. State v. . DavisSupreme Court of North Carolina · 1891

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