State v. . Hunter

24 S.E. 708, 118 N.C. 1196

• Court: Supreme Court of North Carolina
• Decided: February 5, 1896
• Status: Published

Opinion

Faircloth, C. J.:

The defendant is indicted for releasing impounded stock under The Code, Sec. 2819. It is a misdemeanor to allow stock to go at large in stock-law territory. Code, Sec. 2811. Stock found at large may be impounded. Code, Sec. 2816. It is a misdemeanor to release impounded stock. Code, Sec. 2819. Assuming the evidence to be as it appears in the'printed record, we are of opinion that the defendant is not guilty. ¥e see no error in the judge’s charge in a case for the jury, but we put our decision on the principle that the evidence is not sufficient to authorize a conviction. ¥e think the evidence fails to show a case falling within the meaning and spirit of the law. The defendant was in earnest pursuit of her hogs, and the prosecutor was diligent in endeavoring to capture and impound the same, although the defendant was in “ his” plain view in pursuit, and although he was notified by a messenger from the defendant not to put them up, as she was in pursuit of them. It is not to be understood, however, from this opinion that stock running at large, without the knowledge, or consent of the owner, is not subject to be impounded and dealt with as provided by the Statute. ■ Let this be certified.

Ee versed.