State v. . Whitener
Supreme Court of North Carolina
Practice — Oriminal Intent — Injury to property by a tenant— Fixtures. INDICTMENT for injury to a house by a tenant, tried before Avery, Judge, and a jury, at Fall Term, 1885, of Buuice Superior Court.
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Practice — Oriminal Intent — Injury to property by a tenant— Fixtures. INDICTMENT for injury to a house by a tenant, tried before Avery, Judge, and a jury, at Fall Term, 1885, of Buuice Superior Court. The indictment was preferred under §1761 of The Code, which forbids any tenant, who shall, during his term, or after its expiration, wilfully and unlawfully demolish, destroy, deface, injure or damage any tenant bouse, inhabited house, or other out-house belonging to his landlord or upon his premises, by removing parts thereof, &c. The evidence shows that the defendant had been a tenant from…
1Opinion of the Court
Ashk, J.,
(after stating the facts). This case was before us heretofore, and reported in volume 92 at page 798. The act of 1883, §1761 of The Code, under which the indictment was found, was inadvertently overlooked by the Court, in consequence of not being placed under the title of Crimes, and not having been called to the attention of the Court at the time. We think it was altogether proper for the Court below, in discovering ihe mistake, to submit the matter to the jury with instructions under §1761. But we are of opinion there was error in the instructions given, and the refusal to admit…
2Cases cited6 opinions
- State v. . CrossetSupreme Court of North Carolina · 1879
- Washington Toll Bridge Co. v. Commissioners of BeaufortSupreme Court of North Carolina · 1879
- King v. WilcombNew York Supreme Court · 1849
- State v. . EllenSupreme Court of North Carolina · 1873
- State v. . HauseSupreme Court of North Carolina · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Foster v. . HymanSupreme Court of North Carolina · 1929
- State v. HalesSupreme Court of North Carolina · 1961
- Givens v. SellarsSupreme Court of North Carolina · 1968
- State v. . StephensonSupreme Court of North Carolina · 1940
- State v. MorganSupreme Court of North Carolina · 1904
32 more not listed; retrieve them via the Exa API.