State v. Fellows

• Decision Date: 31 January 1805
• Citation: 3 N.C. 340
• Parties: STATE v. FELLOWS.
• Court: North Carolina Supreme Court

3 N.C. 340

STATE

v.FELLOWS.

COURT OF CONFERENCE

NEW BERN, January Term, 1805.

The owner of the property is not a competent witness in an indictment for forcible trespass and an indictment found on his testimony must be quashed.

Taylor, Judge. The person who is to be entitled to a restitution of possession, in case of a conviction on an indictment of forcible entry, cannot be a witness on the trial; and if the indictment has been found on his single testimony, it ought to be quashed.

And this indictment was quashed for that cause, though there was other testimony now ready to support it.

Cited. State v. Ivey, 100 N. C., 541.