State v. Austin
Supreme Court of North Carolina
INDICTMENT for forcible trespass, tried before Adams, I, .and a jury at Spring Term, 1897,’ of Yancey Superior Court. The indictment was as follows: “The jurors, &c., present that John A. Austin, H. L. Austin, late of Yancey County, on the first of December, 1896, with force and arms, &c., unlawfully and wilfully, forcibly, violently and with a strong hand did enter upon the premises of W. N. Phillips, and did there remain for a long space-of time, to-wit: 30 minutes,…
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INDICTMENT for forcible trespass, tried before Adams, I, .and a jury at Spring Term, 1897,’ of Yancey Superior Court. The indictment was as follows: “The jurors, &c., present that John A. Austin, H. L. Austin, late of Yancey County, on the first of December, 1896, with force and arms, &c., unlawfully and wilfully, forcibly, violently and with a strong hand did enter upon the premises of W. N. Phillips, and did there remain for a long space-of time, to-wit: 30 minutes, cursing, abusing and' .assaulting the said W. N. Phillips and Hettie Phillips, with a rock weighing two pounds, and by rocking…
1Opinion of the Court
Faircloth, C. J.:
The defendants were tried and convicted in the Superior Court of Yancey County, of a forcible trespass committed in said County. The sentence was that defendants go to the public roads of Buncombe County,for the time specified in the judgment. The defendants appealed from the judgment on the ground that the Judge could not send them to work on the roads in another County.
The Act of 1897, Chapter 397, clothes the County Commissioners of Yancey County, and some others, with ample authority to work or hire out convicts' of such Counties to work on roads and streets or any other…
2Cases cited2 opinions
- State v. . LawrenceSupreme Court of North Carolina · 1879
- State v. CrowellSupreme Court of North Carolina · 1895
3Cited by5 opinions
- State v. . SatterwhiteSupreme Court of North Carolina · 1921
- State v. . HambySupreme Court of North Carolina · 1900
- State v. . ShipmanSupreme Court of North Carolina · 1932
- State v. . BlackSupreme Court of North Carolina · 1909
- State v. . CrowellSupreme Court of North Carolina · 1895