State v. Tolever
| Decision Date | 30 June 1845 |
| Citation | 27 N.C. 452,5 Ired. 452 |
| Court | North Carolina Supreme Court |
| Parties | THE STATE v. WILLIAM TOLEVER et al. |
Where the prosecutrix was in the peaceable possession, with her family, of a dwelling-house and its appurtenances, and four persons entered the yard of the house with hostile or unkind feelings and manners, against the will of the prosecutrix, to injure and insult her, and refused to go away when she bid them, and they had a common purpose in so doing, and abetted each other-- Held that such acts and purposes rendered the parties liable to an indictment for a forcible trespass.
An indictment for forcible trespass will lie at common law, if the facts charged amount to more than a bare trespass.
When the name of the county is mentioned in the margin of the indictment, and it is stated that the dwelling-house, on which the forcible trespass is alleged to have been committed, was “ there situate and being,” this must refer to the county mentioned in the margin.
The case of The State v. Bell, 3 Ired. 506, cited and approved.
Appeal from the Superior Court of Law of Ashe county, at the Spring Term, 1845, his Honor Judge BAILEY presiding.
The defendants, William Tolever and Caroline Tolever, were tried upon the following indictment, to wit:
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¦State of North Carolina,¦)¦ ¦Superior Court of Law,¦
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¦ ¦)¦ss. ¦ ¦
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¦Ashe County, ¦)¦ ¦Spring Term, 1843. ¦
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The jurors for the State, upon their oath, present that William Tolever, late of the said county, laborer, Elizabeth Tolever, Caroline Tolever and Louisa Tolever, all late of said county, spinsters, on the 1st day of April, 1843, with force and arms into a certain yard and dwelling house, then situate and being, and then and there in the possession of Polly Long, unlawfully, violently, forcibly, and with a strong hand, did enter into, and then and there unlawfully, violently, forcibly, and with a strong hand, did throw certain filth and dead carcasses into the said house, she, the said Polly, then and there being therein, and then and there did remain cursing, abusing and threatening the said Polly for a long time, to wit, for one half hour, and other wrongs then and there did, to the great terror of the said Polly Long, then and there being, and against the peace and dignity of the State.”
It is unnecessary to detail the testimony introduced on the trial as the instructions of the presiding judge sufficiently indicate its general nature. The judge instruced the jury, that if the defendants, now on trial, together with Elizabeth, the mother, and Louisa, the other daughter of William, went into the space,...
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