State v. . Talbot

2 S.E. 148, 97 N.C. 494

• Court: Supreme Court of North Carolina
• Decided: February 5, 1887
• Status: Published

Opinion

Suite, C. J.,

(after stating the facts). The only question presented is, do the facts sustain the charge ?

While the original entry, though so near the dwelling, was peaceful and without violence by one to whom the premises belonged, and in the absence of the prosecutor, yet the farther encroachment in pursuing him with menaces and abuse, even up to the yard gate, was in law sufficient to warrant the charge. It would have been scarcely more an ■entry for the defendants to have pursued the occupant into Ms yard, than it was by violence to push him up to its entrance ; and it was a fresh aggression to pass with a strong hand oyer other parts of the field, when the prosecutor was-present forbidding it, with demonstrations of violence which intimidated and overcame resistance.

The charge of the Court is borne out by the adjudications in this Court; State v. Windenhouse, 71 N. C., 279; State v. Lloyd, 85 N. C., 573.

There is no error, and judgment must be affirmed. Let this be certified.

- No error. Affirmed.