State v. . Ray

Supreme Court of North Carolina

State v. . Ray

32 N.C. 39

DecidedAugust 5, 1849

StatusPublished

This text of 32 N.C. 39 (State v. . Ray) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. . Ray, 32 N.C. 39 (N.C. 1849).

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Opinion

We concur with his Honor below, that the defendant is not guilty of forcible trespass. That offense must be charged as being done with a strong hand, "manu forti," which implies greater force than is expressed by the words *Page 41 "vi et armis." There must be a demonstration of force, as with weapons, or a multitude of people, so as to involve a breach of the peace or directly tend to it and be calculated to intimidate or put in fear. S. v. Flowers,5 N.C. 254; S. v. Fisher, 12 N.C. 357; S. v. Mills, 13 N.C. 420. The jury find that the defendant obtained the note from Byrd by stratagem and "fraud." This resembles larceny more than forcible trespass.

The Court thinks there should be judgment for the defendant.

PER CURIAM. Ordered to be certified accordingly.

Cited: S. v. Covington, 70 N.C. 74; Coates v. Wilkes, 94 N.C. 178;S. v. Hawkins, 125 N.C. 691.

(41)

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We concur with his Honor below, that the defendant is not guilty of forcible trespass. That offense must be charged as being done with a strong hand, "manu forti," which implies greater force than is expressed by the words *Page 41 "vi et armis." There must be a demonstration of force, as with weapons, or a multitude of people, so as to involve a breach of the peace or directly tend to it and be calculated to intimidate or put in fear. S. v. Flowers,5 N.C. 254; S. v. Fisher, 12 N.C. 357; S. v. Mills, 13 N.C. 420. The jury find that the defendant obtained the note from Byrd by stratagem and "fraud." This resembles larceny more than forcible trespass.

The Court thinks there should be judgment for the defendant.

PER CURIAM. Ordered to be certified accordingly.

Cited: S. v. Covington, 70 N.C. 74; Coates v. Wilkes, 94 N.C. 178;S. v. Hawkins, 125 N.C. 691.

(41)

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Bluebook (online)

32 N.C. 39, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ray-nc-1849.

Opinion

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