State v. . Fisher
Supreme Court of North Carolina
From Bladen. The Defendants were indicted for that they “ wit!» force and arms, and with strong hand, in &c. into a certain corn fi, Id. there &r. in the peaceable possession of one Sarah McDaniel, did enter, and one bushel of corn, then and (here with force and arms, and with strong hand from the possession of the said S. M. did take and carry away.”
Read the full summary
From Bladen. The Defendants were indicted for that they “ wit!» force and arms, and with strong hand, in &c. into a certain corn fi, Id. there &r. in the peaceable possession of one Sarah McDaniel, did enter, and one bushel of corn, then and (here with force and arms, and with strong hand from the possession of the said S. M. did take and carry away.” On ihe trial the case was, (hat the prosecutrix Sarah McDaniel, and her sister were gathering the corn, when the Defendants with two other persons, entered the field-with a cart, and demanded of the prosecutrix a portion of the crop, which was…
1Opinion of the Court
Taylor, Chief-Justice.
The indictment charges the offence sufficiently, if the facts will warrant the inference of law, that the act amounted to a trespass; for-the words “ with strong hand,” import something criminal' in ils nature, something more than is meant by the words vi et armis, which are the mere formal words in an action of trespass. The others constitute a sufficient allegation of an actual force used, amounting to a breach of the peace, more especially when it is charged to have been committed by two persons. The enquiry therefore is, whether the facts proved, according to the…
2Cited by9 opinions
- State v. CookeSupreme Court of North Carolina · 1957
- Saunders v. GilbertSupreme Court of North Carolina · 1911
- State v. . EarpSupreme Court of North Carolina · 1928
- Hughes v. . PritchardSupreme Court of North Carolina · 1910
- State v. . LawsonSupreme Court of North Carolina · 1898
4 more not listed; retrieve them via the Exa API.